Issue - meetings

To determine a private hire/hackney carriage driver's application.

The Licensing and Compliance Officer gave a summary of the report. The applicant had declared an offence of common assault in 2013 on his application form.

The applicant explained that he had attended a friend’s work Christmas party and at the end of the night got a taxi home with his friend and three other men who had also been at the party, but who he did not know. During the journey one of the three men started to taunt him and this led on to a physical attack. Having first tried to cover up his head the applicant eventually fought back to try and defend himself. The case went to Colchester magistrates Court where the applicant was found guilty of common assault due to “acting in self- defence but using excessive force”.

The applicant said it was a regrettable incident. He considered himself a family man and would like this additional opportunity to provide for his family. The taxi driver had testified to say that he was defending himself.

In response to a Member question, the applicant said his friend did not testify as he had a conflict of interest because he knew the attacker in the incident.

At 12.45, the Panel retired to make its decision.

At 12.55, the Panel returned. The decision was read to the applicant.

DECISION NOTICE

The application before the Panel today is the applicant’s application for a joint hackney carriage/PHV driver’s licence.  If successful, he has an offer of employment from London Stansted Chauffeurs Ltd.

We have had the opportunity of reading the officer’s report in this case, a copy of which has been served on the applicant, and we have also seen, as has he, the background documents annexed thereto, including an enhanced DBS Certificate dated 7^th October 2019 confirming a conviction for an offence of violence, declared by the applicant as being one of common assault. In fact the conviction was for an offence of battery under the Criminal Justice Act 1988 dated 9^th May 2013 in respect of an offence taking place the preceding Christmas and for which the applicant was fined £625.

Whilst this conviction is spent under the Rehabilitation of Offenders Act 1974 this legislation does not apply to proceedings before this Committee and the applicant does not meet the Council’s suitability policy for new drivers which states at point 2.14 – “Where an applicant has a conviction for an offence of violence, 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”.

The applicant was to provide further information about the conviction and he responded by e-mail on 12 August. A copy is before us. The applicant explained that he had attended a friend’s work Christmas party and at the end of the night got a taxi home with his friend and three other men who had also been at the party, but who he did not know.  ...  view the full minutes text for item 5