Agenda item

To determine a Private Hire/Hackney Carriage Driver's licence.

The Licensing Officer gave a summary of the report.

The applicant did not meet the Council’s licensing standards as he had convictions beween 2004 and 2008 (see background papers) relating to possession of class 3 drug, shoplifting, making off without paying, having an article with a blade in a public place, common assault, intimidating a witness and offences under the Road Traffic Act 1988. Conviction 3 in June 2007 led to a suspended prison sentence. 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”.

The applicant supplied a statement in support of his application. He explained that he had a difficult start in life including suffering sexual abuse at the age of 12 after which he got involved with the wrong people which led to him making bad decisions and getting into trouble. He expressed regret for his actions and said that the suspended sentence was a wake- up call that caused him to begin to turn his life around. He had no convictions since 2008.

At 10.25, the Committee retired to make its decision.

At 10.30, the Committee returned.

The decision was read to the applicant.

DECISION NOTICE

The applicant’s application dated 21^st February  2019 is for a Private Hire/Hackney Carriage Driver’s licence.  If successful he has an offer of employment from 24 x 7 Ltd on school contract work.

The applicant’s application disclosed a number of convictions and a six month disqualification from driving. He also provided an enhanced DBS check obtained from Essex County Council and dated 19^th February 2019 giving rather more information.  A copy of this is before us, and it reveals 4 convictions between 2004 and 2008 relating to possession of class 3 drug, shoplifting, making off without paying, having an article with a blade in a public place, common assault, intimidating a witness and offences under the Road Traffic Act 1988. Conviction 3 in June 2007 led to a suspended prison sentence.

As a consequence 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.”

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 scenarios, and included among these is the holding of Private Hire and Hackney Carriage Drivers licences.

In support of his application, the applicant supplied a statement dated 26 March to the Licensing Officer. A copy of this is before us. He explained that he had a difficult start in life including suffering sexual abuse at the age of 12 after which he got involved with the wrong people which led to him making bad decisions and getting into trouble. In 2007 he was convicted of Common Assault which led to his suspended prison sentence. He explained that he was drunk at the time and was trying to impress a girl. He expressed regret for his actions and says that the suspended sentence was a wake- up call that caused him to begin to turn his life around. 

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 the applicant has told us this morning and we are satisfied that he has turned his life around; accordingly we grant this application, and he will receive the paperwork in due course.