Agenda item

To determine a private hire/hackney carriage drivers licence.

The Committee moved on to Item 7.

The procedure for determining a private hire/hackney carriage licence was read to the applicant.

The Committee considered the Licensing Officer’s report.

The applicant had declared a conviction for an offence of benefit fraud in 2003 for which she received a conditional discharge and an offence of benefit fraud in 2010 for which she received a suspended sentence of 20 weeks.

She attended the Council offices for an interview with the Licensing Officer to discuss the conviction in 2010.  She explained that she had met a man and moved from Essex to Stevenage to be with him. Having moved in together, he then revealed he had lost his job and refused to help to pay the bills. At the time the applicant was working, but when she got acute tendonitis in her shoulder she had to give up her jobs. The applicant began to claim benefits when he moved out. He then moved back in again but she continued to claim. In the end he left when she was investigated for benefit fraud.

The applicant said she had made a mistake by committing benefit fraud. She had only done so because she had been putting her children first and she needed the money to keep the house. She had been an idiot and learnt the hard way. Since the offence, she had worked as a carer and in bars, and in the process had been entrusted with money and safe keys.

In response to a member question, the applicant said was currently claiming benefits while she was unemployed.

At 13:20, the Committee retired to make its decision.

At 13:35, the Committee returned.

The decision was read to the applicant.

Decision

The applicant has applied to the council for a joint private hire/hackney carriage driver’s licence.  On her application form she disclosed two convictions details of which are set out in the officer’s report.  The convictions were for benefit fraud offences, which amount to offences of dishonesty.  In respect of one of these offences she received a suspended custodial sentence. By virtue of the custodial sentences for offences of dishonesty the applicant does not meet the council’s licensing standards.

Where an applicant does not meet licensing standards it is for the applicant to make their case that the council should depart from its policy.  Essentially the applicant must demonstrate that notwithstanding the fact that he fails to meet the council’s licensing policy he is a fit and proper person.

Members note that the offences were all at the lower end of the scale.  The committee also note that the last offence was 10 years ago and that the applicant has had no convictions of any nature since.

The applicant has explained the personal and financial difficulties she was having at the time of the last offence, and how since she has undertaken responsible employment, including caring for the elderly as a result of which she has had significant trust placed in her in respect of the money and personal effects of her patients.  

Members consider that despite her conviction, the applicant is not a risk to passengers or public safety generally.  She has a clear drivers licence and has acknowledged and learnt from her mistakes.  Members consider the applicant is a fit and proper person and that it is therefore appropriate to make a departure from its policy.  The applicant will be granted a driver’s licence.