Agenda item

The Licensing Officer:

a)    advised that the Hackney Carriage and Private Hire Licensing Sub-Committee was required to determine whether the licence holder was a fit and proper person to be granted a driver’s licence

b)    stated that the applicant submitted their application and documents to apply for a new private hire drivers licence in February 2023

c)    highlighted that the applicant had previously held a private hire drivers licence from 2012 until 2017 when their licence was revoked by the Sub Committee; a copy of the 2017 decision was attached at Appendix A to the officer’s report

d)    explained that the revocation was appealed by the applicant to Magistrates Court where the original decision was upheld

e)    added that the applicant also made an application for a new private hire drivers licence in 2021 which was refused by the Sub Committee; a copy of the decision notice was attached at Appendix B to the officer’s report

f)     reported that since the revocation of their private hire drivers licence, the applicant also had a premises licence revoked

g)    highlighted that a new DBS check was requested which confirmed that the applicant had no new convictions

h)    stated that within the Hackney Carriage and Private Hire Licensing Policy, it stated the following in relation to a violent offence:

‘Where an applicant has a conviction for an offence of violence against the person, or connected with any offence of violence, a licence will not be granted until at least 10 years have elapsed since the completion of any sentence imposed’.

i)     explained that a DVLA check was requested which showed that the applicant held a full driving licence with no endorsements

j)     reported that the applicant had provided 6 character references which had been circulated to the Sub-Committee

k)    requested Members determined whether the applicant was a fit and proper person to hold a Private Hire driver’s licence and provide full and frank reasons for the decision.

The applicant confirmed to the Sub-Committee that they had been informed in a letter that they could take legal advice about this matter and also that they could bring an interpreter to the hearing. The applicant had chosen instead to bring along the Manager of their potential employer to offer them support.

The Sub-Committee asked the applicant appropriate questions to determine whether they were a fit and proper person to hold a Private Hire licence.

The decision was made as follows:

That the applicant be refused a Private Hire Driver’s Licence.

Reasons for the decision:

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. Despite providing six references he had failed to provide references that spoke to his reformed character and why he was now a fit and proper person to hold a license despite this request having been made at a previous committee meeting.