Agenda item

The Licensing Enforcement Officer outlined the circumstances as set out in the report. The Committee were informed that following an incident and subsequent arrest that occurred in October 2015, the Applicant’s Private Hire Driver’s licence was revoked and returned to the Council. In December 2016 the Applicant contacted the Licensing Department to confirm that he had been convicted of Common Assault and received a Community Service Order. The Applicant was advised that he would not be eligible to apply for another licence until at least 12 months after his Community Service Order had been completed, and that any application would have to go before the Licensing Committee. Despite this advice, the Applicant submitted an application for a Private Hire Driver’s licence in 2016 and attended a Licensing Committee in 2016, where Members unanimously decided that on a balance of probabilities he was not a fit and proper person to be licensed as a Private Hire Driver. In August 2017 a further application for a Private Hire Driver’s Licence was received and the Applicant was again informed that his application would not be accepted on the grounds of fitness and propriety, which he requested was placed before Committee.

It was noted that the Applicant had previously come to the attention of the Licensing Department:

1)           In January 2013 he spoke with a Licensing Officer following an arrest for indecent assault in 2012. The Applicant produced a letter which indicated that due to insufficient evidence, no further action would be taken. The Applicant’s Private Hire Driver’s licence was returned to him.

2)           In September 2013 a vehicle owned and driven by the Applicant was stopped during a Multi-Agency check and was found to have defective headlamps; Driver Vehicle Standards Agency officers issued an immediate prohibition to him.

3)           In September 2013 the Applicant was spoken to by licensing officers regarding his arrest in September 2012 and was warned as to his future conduct.

4)           In October 2013 the Applicant was spoken to by officers and warned regarding the display of the Private Hire Vehicle plate on his vehicle.

5)           In September 2014 the Applicant attended a Safety Awareness Course at the Guildhall and signed a written caution as an admission of guilt for illegally plying for hire and having no insurance.

The Applicant brought a friend with him to assist with translation if needed.

The friend, on the Applicant s behalf, reported that the Applicant was very remorseful for his actions in October 2015, noting that he had been assessed by Social Services and was still living with his wife and that all parties were happy with the changes he had made to better himself. He stated that the Applicant’s wife was no longer working for health reasons and that as working as a Private Hire Driver was his only profession, he asked for a further chance. Regarding the indecent assault charge, the friend stated that this was an unfounded allegation on the female’s part, confirmed by the Police in that no further action was taken. He stated that the defective headlamp was a simple oversight on the Applicant’s part and noted that he did not drive cars that exceeded 10 years of age and always kept his cars well maintained.

2 character references were then circulated among Members from a friend and the Applicant’s wife.

His friend stated that the Applicant felt very guilty and embarrassed by his past actions and repeated his wish that he be given another chance.

In response to questions asked, it was explained that the Applicant felt motivated to illegally ply for hire by other Private Hire Drivers doing the same thing. Members noted that he had not been caught plying for hire in the time since his first offence.

The Solicitor explained to Members that whilst convictions were never spent when considering an application for a Private Hire Driver’s Licence, consideration should be given to the Council’s Guidelines on Convictions for violent crimes and an applicant should be clear of such convictions for at least 3 years. He also explained that personal circumstances were not a consideration for Members when making their decision.

The Members retired to make a decision.

The meeting reconvened at 18:56.

RESOLVED:

The Committee decided that on a balance of probabilities, the Applicant was not a fit and proper person to be licensed as a Private Hire Driver and refused the application.