Agenda item

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

The applicant in relation to Item 3 had not yet arrived. The committee therefore moved on to Item 4.

The procedure for determining private hire drivers’ licences was read to the applicant. The Committee considered the report of the Licensing Officer.

At the invitation of the Chairman, the applicant made a statement to the Committee. He said he needed part-time work, but the mental health sector, which was his previous area of work, was too challenging at his age. He had also run a business but this had folded due to ill-health. He was now able to work again, and the possibility of a job with 24/7 was a perfect opportunity.

In response to a question from Councillor Hicks, the applicant said the painkillers he was prescribed did not interfere with his driving.

In response to a question from Councillor Gerard, the Chairman said the applicant had travelled to Uttlesford to apply to register because 24/7 licensed all their drivers in Uttlesford.

In response to a question from the Chairman, the applicant explained the circumstances behind his criminal history. He had been made the manager of his own store, but had been accused of stealing, despite the incident happening when he has away on holiday. The Duty Solicitor had advised him to confess to avoid going to court. He now felt he had been set up and said he had never committed the crime.

The Solicitor said members needed to decide if the applicant was a fit and proper person to hold a private hire/hackney carriage driver’s license.

At 10:15, the committee withdrew to make its determination.

At 10:20, the committee returned and the report was read to the applicant.

DECISION     

The applicant has applied to the council for a joint private hire/hackney carriage driver’s licence.  On his application form he disclosed two convictions details of which are set out in the officer’s report.  The convictions were for the offence of theft, and possession of a class B drub.  In respect of these offences he received a range of punishments including a custodial sentence that was suspended.  By virtue of the custodial sentences for offences of dishonesty the applicant does not meet the council’s licensing standards.

Where an applicant does not meet licensing standards it is for the applicant to make their case that the council should depart from its policy.  Essentially the applicant must demonstrate that notwithstanding the fact that he fails to meet the council’s licensing policy he is a fit and proper person.

Members note that the offences were all at the lower end of the scale.  In general the nature of the sentences imposed were not severe.  The committee also note that the last offence was in 1982 and that the applicant has had no convictions of any nature since, and has had regular and responsible employment since.

In the circumstances, members are satisfied that the applicant is a fit and proper person and that it is therefore appropriate to make a departure from its policy.  The applicant will be granted a driver’s licence.