Agenda item

To determine an application for a Private Hire Drivers Licence.

The Licensing Support Officer gave a summary of her report which requested that Members determine whether the applicant was suitable to hold a Private Hire Driver’s Licence.

The driver addressed the Panel and said that the criminal convictions outlined within the Officer’s report were from 10 years ago when they were going through a hard time. They were a single parent of twins, however since getting full custody of their children, they had not committed any further offenses. They had applied for a Private Hire licence in order to obtain work which was more flexible around their childcare requirements.

For transparency, Councillor Barker declared that she was an Essex County Councillor for the area where the applicant resided.

In response to questions, the applicant clarified the following:

• They were currently working at the Airport around their children’s school hours. By acquiring a taxi licence, they felt that they would then be able to obtain more work and to work longer hours when the children start secondary school in September.
• They had previously worked for 10 years as a buyer in a restaurant; however they had to give this up when they became a single parent as the hours were unsociable and not working around their childcare.
• A CS Gas canister and Class A drugs were found in a work van that they were driving, but the items did not belong to them. However, as they were in control of the vehicle, they were charged with possession of both.

Meeting adjourned at 13:10 for the Panel to retire to make their decision.

The meeting was reconvened at 13:29

DECISION NOTICE

The matter before the Panel today is an application for a new HC/PHV driver’s licence. He is employed by a company who run a Park and Ride service for the benefit of travellers out of Stansted Airport, but they have not attended before us today or otherwise actively supported him.

This hearing is called under Part II of the Local Government (Miscellaneous Provisions) Act 1976. S 51 thereof states :

51(1) Subject to the provisions of this Part of the Act, a district council shall, on the receipt of an application from any person for the grant to that person of a licence to drive private hire vehicles, grant to that person a driver’s licence:

Provided that a district council shall not grant a licence

(a)  Unless they are satisfied

(i)            That the applicant is a fit and proper person to hold a driver’s licence.

It is this we must decide today.

We have had the opportunity of reading the officer’s report in this case, a copy of which has been served on the driver and we have also seen, as has he, the background documents annexed thereto. Most important is his enhanced DBS certificate and we note that he has declared the matters set out therein in his application form. There are no new matters postdating this certificate and nor are there any entries pertaining to him on the NR3 licensing database. He also holds a clean DVLA licence.

However, the DBS certificate reveals a number of serious historic convictions.

The Driver was convicted upon a count of possessing a prohibited weapon under S5(1) Firearms Act 1968 and another of possession of a Class A drug, namely cocaine, contrary to S5(2) Misuse of Drugs Act 1971. For these offences he received a) custodial sentences of 4 months and 1 month to run concurrently, suspended for 12 months, b) he was also made subject to forfeiture orders and c) ordered to pay a victim surcharge of £80.00 and prosecution costs of £200.

Sadly he also appeared on charges of shoplifting, contrary to S1 Theft Act 1968 and resisting/obstructing a constable under S89(2) Police Act 1996. He was fined £233 and ordered to pay a further £233 in prosecution costs: he was also charged with the commission of a further offence while subject to a suspended sentence, under Sch 12 Criminal Justice Act 2003, but he received no separate penalty for this.

We have also had the opportunity of hearing from him and from the Case Officer and have read the papers before us most carefully.

The Driver told us that the offences took place at a very difficult time in his life. His ex partner had mental health problems and when the relationship ended he was left as sole carer for two young children and he needed work to fit around them.

The gas canister and drugs found in his possession and in respect of which he was convicted did not belong to him. They were in a work van and he was convicted because he had been control of the vehicle at the material time and for that reason he was deemed to be in possession of them.

He has not been in trouble since assuming sole care of his children and hopes to work longer hours when they start secondary school in September as there is a bus they will be able to catch.

In considering this application, we are also mindful of the provisions of the Council’s Suitability Policy, a copy of which is before us. Appendix A contains the relevant details, and we quote them here:

2.5 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 granted or renewed.

2.9 A driver has direct responsibility for the safety of their passengers, direct responsibility for the safety of other road users and significant control over passengers who are in the vehicle. As those passengers may be alone, and may also be vulnerable, any previous convictions or unacceptable behaviour will weigh heavily against a licence being granted or retained.

2.10 As stated above, where an applicant has more than one conviction showing a pattern or tendency irrespective of time since the convictions, serious consideration will need to be given as to whether they are a safe and suitable person.

2.15 Possession of a weapon

Where an applicant has a conviction for possession of a weapon or any other weapon related offence, a licence will not be granted until at least 7 years have elapsed since the completion of any sentence imposed.

2.18 Dishonesty

Where an applicant has a conviction for any offence of dishonesty, or any offence where dishonesty is an element of the offence, a licence will not be granted until at least 7 years have elapsed since the completion of any sentence imposed.

2.20 Drugs

Where an applicant has a conviction for possession of drugs, or related to the possession of drugs, a licence will not be granted until at least 5 years have elapsed since the completion of any sentence imposed. In these circumstances, any applicant will also have to undergo drugs testing at their own expense to demonstrate that they are not using controlled drugs.

All of these matters are regarded as serious and though more than seven years have passed since the date of the last conviction. The Driver has convictions in respect of offensive weapons, controlled drugs and dishonesty. There is also the incident with the Police Constable.

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 he is not, then our duty is clear – we should refuse the application.

We have listened to the Driver, however, and we are satisfied that he has kept out of trouble since 2014 and that he is determined to be a good father to his children

The decision we must make is whether he is a fit and proper person to hold an HC/PHV driver’s licence and we have decided that on balance, he is. His application is granted and he will receive the necessary paperwork from the Licensing Department in due course.