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 panel considered the Licensing Officer’s report.

The applicant did not meet the Council’s licensing standards because although his convictions were spent in accordance with the Rehabilitation of Offenders Act 1974, point 5 of the Licensing Standards – Drivers states that an applicant must have “no criminal convictions for an offence of dishonesty, indecency or violence in respect of which a custodial sentence (including a suspended custodial sentence) was imposed”.

The applicant said he had been young and part of a bad crowd during the time he committed the offences. He had never stolen the mail-order catalogues for gain, but he did not deliver them as he was supposed to, and it was therefore classified as theft.

The boss of the applicant said he was pleased with the applicant’s work as a passenger assistant and he was a valued member of the team.

At 12:25, the Committee retired to make its decision.

At 12:30, the Committee returned.

The decision was read to the applicant.

Decision:

The applicant’s application dated 20^th April 2018 is for a Private Hire/Hackney Carriage Driver’s licence.  If successful, he has an offer of employment from 24 x 7 Ltd. His manager from that company also attended today.

The applicant’s application disclosed a historic conviction for GBH in 1975. However, an enhanced DBS check dated 1^st May 2018 confirmed that he does not meet Point 5 of the Council’s Licensing Standards, which state that a driver must have:-

“No criminal convictions for an offence of dishonesty, indecency or violence in respect of which a custodial sentence (including a suspended custodial sentence) was imposed.”

The applicant’s Enhanced DBS Check revealed the following matters:-

1.     6^th December 1971 – Drunk in Licensed Premises, Possession of Offensive Weapon x 3, ABH -  Towcester JJ – 3 months Detention Centre per offence, to run concurrently.

2.    6^th September 1977 – Theft – Northampton JJ – Fined £25.

Though he is a rehabilitated person in respect of all these offences under the Rehabilitation of Offenders Act 1974, this legislation does not apply to all scenarios, and included among these is the holding of Private Hire and Hackney Carriage Drivers licences.

In support of his application, the applicant says that all these offences took place many years ago and he was part of a group of people at the time.  The last of these convictions was in 1977 and since then he has by and large, managed to remain in work, including as a CCTV engineer, which requires police clearance: he is currently working for 24 x 7 Ltd as a passenger assistant on school runs and they have encouraged him to apply for a driver’s licence.

Unfortunately in aggregate, these are serious matters and although the overwhelming majority of them took place years ago, the Rehabilitation of Offenders Act 1974 does not apply to proceedings before this Committee.

However, we have listened to what the applicant has to say and note that he has the support of his employer. We are satisfied that he has turned his life around, and accordingly we grant this application, and he will receive the paperwork in due course.