Agenda item

To determine a Private Hire/Hackney Carriage Driver’s application.

The Licensing Officer gave a summary of the report. The applicant had 4 convictions between December 1976 and January 1981. He therefore did not meet the Council’s Licensing Standards because although the convictions were spent, an applicant must have ‘no criminal convictions for an offence of dishonesty, indecency or violence in respect of which a custodial sentence was imposed.

The applicant had supplied a statement in support of his application, explaining that when he was 17 he had fallen in with the wrong crowd and was easily led astray. A period in borstal changed his life and he had since had no convictions.

The applicant said he was sorry to have committed the offences, and that the borstal training had turned his life around.

At 10.10, the Committee retired to make its decision.

At 10.15, the Committee returned.

The decision was read to the applicant.

DECISION NOTICE

The applicant’s application dated 26^th February 2019 is for a Private Hire/Hackney Carriage Driver’s licence.  He has been driving professionally for many years, including delivering Meals on Wheels to the elderly and disabled, for a number of years and if successful today has an offer of employment with 24 x 7 Ltd doing school contract work.

The applicant’s application form refers to an enhanced DBS check certificate dated 15^th February and submitted to UDC along with his application.  Copies of both are before us. In summary, the certificate discloses  4 convictions between December 1976 and January 1981 for offences relating to taking a vehicle without consent, driving with no insurance, fraudulently using a vehicle excise licence, driving whilst disqualified and driving a motor vehicle with excess alcohol.

Conviction no 2 dated 12 May 1977 for theft led to a sentence of 3 months in a detention centre; conviction no 3 dated 9 December 1977 for taking a motor vehicle without consent led to a sentence of 3 months imprisonment, and conviction no 4 on 19 January 1981 for Burglary and Theft-(Non-Dwelling)  led to a period of Borstal training. During this latter period the applicant took advantage of the rehabilitation and training opportunities available to him and obtained a number of practical qualifications.

Though he is a rehabilitated person in respect of these offences under the Rehabilitation of Offenders Act 1974, this legislation does not apply to all situations, and included among these is the holding of Private Hire and Hackney Carriage Drivers licences. In support of his application, the applicant provided a short statement explaining the background to these matters and this is included among our papers. Since 1981, he has passed his HGV driving test and thereafter worked as a lorry driver for 6 years. In 1991 he took up a role with Ford Motor Company remaining with them for 22 years before being made redundant in 2013 when the plant was closed.

In 2014 he began work with Sodexo and ECC delivering meals on wheels throughout Essex to elderly and vulnerable people before being made redundant again in November when funding was withdrawn.

Unfortunately though this is strong mitigation, the offences are serious matters and although they took place years ago, the Rehabilitation of Offenders Act 1974 does not apply to proceedings before this Committee: and as a result thereof the applicant does not meet Condition 5 of Appendix A to the Council’s Licensing Standards for Drivers, namely

“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.”

However, we have listened to what the applicant has said.  We note his contrition and we consider him a fully rehabilitated person and accordingly we grant this application, and he will receive the paperwork in due course.