Agenda item

Determination of a Private Hire/Hackney Carriage Driver's Application

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

Minutes:

The Chair introduced the panel.

 

The Enforcement Officer gave a summary of the report.

 

At 11.15, the Committee retired to make its decision.

 

At 11.30, the Committee returned.

 

The decision was read to the applicant.

 

 

DECISION NOTICE –

 

The applicant’s application dated May 2019 is for a Private Hire/Hackney Carriage Driver’s licence.  If successful , he intends to carry out school contract work with 24 x 7 Ltd.

 

The applicant’s application disclosed a number of matters. We have a copy of this document before us. Firstly, there is a discrepancy regarding his residential address. The one stated on the report before us is in London and the one given on the application form is in Southend.

 

Next, Question 12 asks ‘Have you ever been convicted of any offence (including motoring offences) including spent and unspent convictions in any Court or received a police caution?’  The applicant disclosed that he received a £600 fine and five penalty points in 2011 for an offence of driving without due care and attention.     He also disclosed that he received six penalty points and a £200 fine in 2012 for driving without insurance.

 

Part of the licensing process requires all applicants to undergo an enhanced Disclosure and Barring Service (DBS) check and the applicant’s check was dated 17 May 2019.  

 

The DBS check showed the following convictions:

Conviction 1: Dated 01 December 2008, possessing an offensive weapon in a public place on 18 June 2008: Chelmsford Crown Court: Conditionally discharged for two years and the  forfeiture of a metal pole.

Conviction 2: Dated  27 February 2012: failing to surrender to custody as soon as practicable after the appointed time on 21 February 2012: South Essex Magistrates Court: Fined £25 together with one day detention within the Court House, plus  a victim surcharge of £15.

 

We are aware that making a false statement to obtain a licence is an offence under S57(3) of the 1976 Act and that this offence carries a fine of up to £1000 upon summary conviction. Given the potential seriousness of the matters revealed by the DBS check, the applicant  was interviewed under caution in respect of them on 26th June 2019. He provided the following explanation.

 

Firstly, he confirmed that the London address provided is where his mother lives and the Southend address is where his children live. His current work is as a van driver on a zero hour’s contract and he wants other employment.

The applicant read the declaration at the end of the application form fluently and confirmed it was his signature.   He explained  that he completed the application form the previous month and the mistake with the date must have been a memory lapse. Apparently he was in a car accident some time ago when he lost consciousness and since then he has memory lapses.

 

As to the convictions, the applicant explained that at the time of the first one, he was an apprentice and for some reason had a trolley jack in his vehicle.   He said that he had been involved in a car accident, for some reason armed Police attended and saw the trolley jack, and they believed it was an offensive weapon, while as for the second offence, he believed it was due to unpaid fines but he could  not remember what they were for. In short, the applicant did not realise that he had a criminal record and explained that he wanted to be a licensed driver because one of his children is disabled so thought this job would be suitable.

 

It was decided to deal with the matter by way of formal caution and this was administered by Mrs Smith this morning. The applicant therefore does meet the Council’s Licensing Standards for drivers, but because of the nature of the offences officers felt it appropriate to refer the matter to ourselves.  We have read the papers before us and have heard from the applicant. We have considered the matter in the light of our obligations to the travelling public and are satisfied, since he currently holds a clean DVLA licence and his Group 2 medical certificate reveals no cause for concern, that he is a fit and proper person to hold a hackney carriage/PHV driver’s licence. We therefore grant this application and the applicant will receive the paperwork from the Licensing Department in due course.