Agenda item

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

The Chairman read the procedure for determining licenses to the applicant.

The Licensing Officer gave a summary of the report. The driver applied to the authority for the grant of a joint private hire/hackney carriage driver’s licence. An enhanced Disclosure and Barring Service (DBS) certificate showed 3 convictions as follows: Theft by Employee, Common Assault on Adult and Failing to report an accident for which he received a fine and points on his licence. The applicant therefore did not meet the Council’s licensing standards as, although the convictions were spent in accordance with the Rehabilitation 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”.

Barry Drinkwater noted that the applicant’s application was being sponsored by the Managing Director of the firm he wanted to work for.

The applicant said he had been a taxi driver since 2004, and had not experienced any issues. His previous convictions were matters of regret. On the matter of the conviction for theft, he had been sharing a van with colleagues who had been stealing from their employer, and while he had not been involved in the crime and had not been aware of it, he had been advised to plead guilty. His boss paid the fine for him as he knew he had not carried out the thefts.

At 10.35, the Committee retired to make its decision.

At 10.45, the Committee returned.

The decision was read to the applicant.

DECISION NOTICE

The applicant’s application dated 20^th December 2018 is for a Private Hire/Hackney Carriage Driver’s licence. He has held licences with other authorities since 1973 and has been licensed by Stevenage Borough Council since 2011. His current licence with them expires this June, and his employer, Diamond Cars, have requested him to obtain an Uttlesford licence so he can drive school contract vehicles here.

The applicant’s application disclosed a 2004 motoring offence in respect of which he is a rehabilitated person. However, he also handed in an enhanced DBS check dated 4^th December 2018 disclosed two historic convictions dated 1973 and 1983. They mean that the applicant 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 Enhanced DBS Check revealed the following relevant matter:-

 10.8.73 – Theft – Reading CC – 9 months imprisonment suspended for 2 years.

Though he is a rehabilitated person in respect of this offence 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 and the fact that other authorities have granted him licences does not oblige UDC to do so.

In support of his application, the applicant explained that in 1973 his then employer accepted that no responsibility for the offence concerned, he merely happened to be present when the arrest was made – the firm paid his fine and he retained his employment, while the 1983 matter referred to in the report was essentially self-defence following a successful application for the reduction of a maintenance order. A copy of the Licensing Officer’s notes of a conversation with him regarding these matters is included among our papers, and the applicant has already been supplied with a copy. Unfortunately though there is strong mitigation, these are serious matters and although they took place years ago, the Rehabilitation of Offenders Act 1974 does not apply to proceedings before this Committee.

However, we have listened to what Mr Drinkwater has to say on behalf of the applicant and note that he has the support of his employer. The applicant also spoke upon his own behalf.  We note that he has been licensed by Stevenage BC for eight years and they confirm he is in good standing: the purpose of this application is to enable him to be transferred from one part of his employer’s business to another, and accordingly we grant this application, and he will receive the paperwork in due course.