Agenda item

To determine a private hire/hackney carriage driver’s licence.

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

The Committee considered the Enforcement Officer’s report.

The driver’s latest three yearly enhanced Disclosure and Barring Service (DBS) check was dated 24 January 2018. This DBS check revealed a conviction dated 12 January 2016 at Paphos District Court in Cyprus for an offence of foreign legal possession of a class B controlled drug on 28 August 2011. The driver was fined 300 Euros and the conviction was removed from the Cypriot register on 12 January 2018.

The driver attended a meeting with the Enforcement Officer on 06 April 2018 to discuss the matter. He explained that he regularly travelled to Cyprus as he had family there. The driver explained that he was arrested in 2016 upon arrival and was taken straight to Court. He told the Officer that the hearing only took a few minutes in Greek. The driver explained that whilst he can speak some Greek he was not fluent and was unable to fully follow what was being said. He was made to pay a fine at the end of the hearing and thought it was a fixed penalty notice. He had no idea that he had been convicted as he received no paperwork from the Court. At this time, the driver explained that he was looking after both his mother and father. When he was questioned about why he incorrectly completed the renewal document, he claimed he was not aware that he had been convicted, only becoming aware when he received the DBS check in January 2018.

The Enforcement Officer said the driver still met licensing standards as the conviction was now spent. He said the decision before Members was to consider if he remained a ‘fit and proper’ person to hold a licence due to the nature of the conviction in 2016 and the fact he failed to declare it upon his renewal in 2016. He added that the driver had been an exemplary applicant and had fully cooperated with his investigation.

The Chairman invited the driver to address the Panel.

The driver explained that the cannabis which had been found was for his mother, who was very unwell at the time. In Cyprus he had taken responsibility for the drug, so his mother would not have to face the punishment and shame associated with the possession of drugs. He said he was completely unaware of the conviction and had assumed it was a penalty notice, due to the lack of information provided to him by the Cypriot court. He added that as soon as he was aware of the conviction he had contacted the Council, and the circumstances surrounding his unwell parents had also contributed to the situation.

The driver’s father made a statement to the Panel. He said his son had gone through a very difficult time in the past few years as his mother had passed away and he also had been very ill with cancer. He said his son was a good and just person who took his work very seriously; he added that he was reliant on his son’s income as he had recently moved back in to help support him through his illness.

The Enforcement Officer said a job offer with 24 x 7 was waiting for the driver if he was granted a private hire licence.

At 12.50pm, the Committee retired to make its decision.

At 1.00pm, the Committee returned.

The decision was read to the applicant.

Decision

The driver holds a joint private hire / hackney carriage driver’s licence and has done so since 2012.

A recent DBS check revealed a conviction for possession of cannabis in Cyprus. The offence dated from 2011, but he was only convicted in 2016.

The conviction was not revealed by the driver when he completed his renewal paperwork in 2016, despite the conviction having only recently taken place.

The driver has explained the circumstances surrounding the commission of the offence, which was during a difficult time when he was caring for his mother, and the drugs were being used to provide relief from her illness. The driver has also explained the circumstances of the court case, and the conviction, which took place in Cyprus. He did not understand the proceedings, paid a fine and did not realise with was a full conviction.

Under s61(1)(b) Local Government (Miscellaneous Provisions) Act 1976 members are entitled to consider the suspension or revocation of a drivers licence, where information has come to their attention following the grant of a licence, which falls into the category of ‘any other reasonable cause’. This would mean any thing that may lead the Council to reasonably belief that the driver is no longer a fit and proper person to hold a licence.

Members note that this offence actually took place 7 years ago, and is now spent. It was a personal family matter, that took place in difficult circumstances, there have been no convictions or any other issues since, and Members are satisfied that this offence does not make the driver no longer fit and proper to hold a licence.

With regards the failure to notify of a conviction or to reveal it on the renewal form, Members accept the explanation from the driver that he did not understand the nature of the proceedings, or the conviction, and thought it was a fine attached to a fixed penalty notice. Members would like to reiterate the importance of being aware of the licence conditions, and that notifying the Council of cautions and convictions is a vital part of ensuring the safety of the public, by being able to review the suitability of drivers to continue to be licensed and driver. However, they do not consider it necessary to impose any sanction.