Minutes:
The Licensing Officer:
a) stated that the applicant submitted his application in October 2022 to apply for a new private hire driver’s licence.
b) highlighted that the applicant declared that he had no convictions or cautions at question fifteen of the application form.
c) explained that a DBS check was requested which showed that the applicant had failed to disclose a conviction of assault by beating of an emergency service worker as detailed at 3.4 of the report.
d) added that within the Hackney Carriage and Private Hire Standards, which were adopted in March 2022, 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’.
e) confirmed that a DVLA check was requested which showed the applicant held a full UK driving license with no endorsements.
f) added that the applicant had completed the Driver Improvement Programme (DIP Test) and gained a low-risk score on his first attempt and passed the knowledge test with a score of 8 out of 10.
a) 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 he had been told in a letter that he could take legal advice about this matter and also that he could bring an interpreter to the hearing, however he had chosen to come alone.
The Sub-Committee asked the applicant appropriate questions to determine whether he was a fit and proper person to hold a Private Hire driver’s licence.
The decision was made as follows:
That the applicant be granted a Private Hire Drivers Licence.
Reason for the decision:
a) The applicant came well prepared for the hearing and appeared honest, calm and transparent when questioned regarding the nature of the conviction.
b) The conviction did not show on a basic Disclosure Barring Service (DBS) check as evidenced by the applicant’s submission at the hearing. The penalty of £50 compensation appeared a concessionary payment and was not accompanied by a fine nor a term of imprisonment nor a conditional discharge so was accepted to be of a low level.
c) The Sub-Committee extensively considered the Council’s policies in relation to violent offences and giving or making false declarations, both of which would normally result in a licence not being granted. However, given the minor level of violence, minimal penalty received, the applicants calm and apologetic demeanour and the weight given to his full, clean UK driving license for over a decade, the Sub-Committee noted that its decision was finely balanced in finding that the driver was a fit and proper person to hold a licence.
d) The Sub-Committee considered convictions for violent offences extremely seriously but was satisfied by the driver’s account and that the offence was an isolated incident at the lower end of the scale of violent offences, as indicated by the minimal penalty received.
e) The Sub-Committee could not find any valid reasons why the applicant should be refused a private hire driver’s licence and therefore deviated from the policy due to the specific circumstances for this driver.