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Contact: Clare Stait (01522 873292)
RESOLVED that the minutes of the meeting held on 25 February 2021 be confirmed.
Declarations of Interest
Please note that, in accordance with the Members' Code of Conduct, when declaring interests members must disclose the existence and nature of the interest, and whether it is a disclosable pecuniary interest (DPI) or personal and/or pecuniary.
No declarations of interest were received.
You are asked to resolve that the press and public be excluded from the meeting during the consideration of the following item(s) because it is likely that if members of the press or public were present, there would be disclosure of ‘exempt information’
RESOLVED that the press and public be excluded from the meeting during consideration of the following item(s) of business because it is likely that if members of the public were present there would be a disclosure to them of ‘exempt information’ as defined by Section 100I and Schedule 12A to the Local Government Act 1972.
To Interview an Applicant for a Private Hire Driver's Licence who has previously had a Licence Revoked for Relevant Offences (01/2021)
The Licensing Officer:
a) stated that the applicant for a Private Hire Drivers Licence had previously had a private hire drivers licence revoked by the Sub Committee in 2017 and that an appeal by the applicant had been rejected at the Magistrates Court
b) added that the applicant had also had a premises licence revoked under the Licensing Act 2003 since the revocation of his private hire driver’s licence
c) explained that the reason for the hearing was to determine whether the applicant was a fit and proper person to hold a licence and for members to answer the question ‘Would I be comfortable in allowing my son, daughter, spouse or partner, mother or father, grandchild or any persons for whom I care, to get into a private hire vehicle with this person’
d) highlighted that on 13 May 2021 the applicant submitted his documents and paid the application fee to apply for a new Private Hire Drivers Licence
e) reported that the applicant previously held a private hire drivers’ licence from 2012 until 2017 when it was revoked by the Sub Committee after he received a suspended prison sentence for 3 counts of domestic violence, two of which were in the presence of a child
f) added that the original decision was upheld by the Magistrates Court and the applicant was required to pay costs to the Council
g) advised that the applicant had undergone a new DBS check which confirmed that he had no new convictions since the revocation of his Private Hire Drivers Licence and a DVLA check also revealed a clean licence
h) highlighted that under the current policy on relevant convictions an offence of this nature would be classed as ‘Common Assault’ for which the policy stated ‘A licence will not normally be granted if an applicant has more than one conviction in the last 10 years for an offence of a violent nature’
The Sub-Committee questioned the applicant about his convictions and received responses from the applicant. The Council’s solicitor questioned the applicant to confirm details relating to the applicant’s submission and to ensure that the applicant did not require the presence of a translator to proceed.
The Decision was made as follows:
That the application for the grant of a private hire driver’s licence be refused.
Reason for the Decision
The Sub-Committee was not satisfied that the applicant was a fit and proper person to hold a licence. In reaching the decision the Sub-Committee considered that:
1. The applicant had failed to persuade the Sub-Committee that his circumstances justified a departure from the Council’s Hackney Carriage & Private Hire Licensing Policy. The relevant policy stated that a licence would not normally be granted if an applicant had more than one conviction for a violent offence in 10 years.
2. The applicant’s offences had been serious, comprising three assaults on his wife in 2016 which had resulted in three convictions in 2017 and a suspended prison sentence. While a number of years had passed since ... view the full minutes text for item 4.