Agenda item

Members to consider an application for a  Private Hire Drivers Licence.

The Panel and Officers present introduced themselves to the driver.

The Solicitor clarified that Councillor Driscoll was attending the meeting for training purposes and would not participate in the meeting.

The Licensing Support Officer gave a summary of their report which requested that Members determine whether the applicant is considered ‘fit and proper’ to be granted a Private Hire Driver licence with this Authority.

In response to questions from Members the driver confirmed:

• That they were fully rehabilitated following serving their prison sentence for theft in 1983 and have been in no subsequent trouble with the Police.
• They have a family and were retiring next month as a scaffolding driver. The provision of this licence would enable them to boost their pension with a role ferrying disabled children to school.
• They regretted their actions of nearly forty years ago, and mitigated their actions confirming that they had left school with no qualifications and that their father had passed away when they were young, leaving them lacking in parental guidance.

The driver left the meeting at 10:15am and the meeting was adjourned; the Panel retired to make its decision.

The driver rejoined the meeting at 10:25am and the meeting reconvened.

The Chair read the driver the decision notice.

The driver left the meeting at 10:26am.

DECISION NOTICE

The matter before the Panel today is an application for the grant of a new HC/PHV driver’s licence. If successful the applicant has an offer of employment with Reacher’s Cars.

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 the applicant, the background documents annexed thereto and we have had the opportunity of hearing from the Case Officer and from the applicant.

Briefly, the enhanced DBS certificate submitted as part of the licence application discloses a number of convictions for offences of theft, and obtaining property by deception in 1983, for which the driver served a custodial sentence. These convictions are nearly forty years old, but unfortunately, the applicant failed to declare this information on their application form. The Rehabilitation of Offenders regime does not apply to the licensing of HC/PHV drivers. Question 6 of the UDC application form clearly asks “Do you have any spent convictions?” the box ticked is “No” (copy attached).  We are entitled to take into account spent matters.

Clause 2.5 of the Council’s Driver Conditions policy states as follows:-

“Generally, where a person has more than one conviction this will raise serious questions about their safety and suitability. The Licensing Authority is looking for safe and suitable individuals and once a pattern or trend of repeated offending is apparent a licence will not be grated or renewed.”

We have heard from the Case Officer and from the applicant.

However, the primary function of this Committee is the protection of the travelling public. The legislation makes this clear as does the case law and all authority in the area. Our role is to determine whether or not an applicant is a fit and proper person to hold a HC/PHV licence and if we consider that they are not, then our duty is clear – we should refuse the application.

We have heard what the applicant has had to say. They told us that the convictions were nearly forty years ago and since then they have settled down and raised a family. They have been in employment in the construction industry ever since, retires in June and would like to supplement their pension and do their bit for the community. The applicant expressed regret for what had happened and said they had not been in trouble since. The applicant appears to be a fully rehabilitated person, and we are therefore prepared to grant the driver a licence.

They will receive the necessary paperwork in due course.