(Prior to
commencing this item, the Business Partner (Litigation/Licensing)
sought consent from the applicant to allow Councillor Robert Nobbs
and the Lawyer (Litigation/Licensing) to remain in the meeting to
observe proceedings for training purposes.)
The Chair welcomed all present to the Hearing,
reported that no declarations of interest had been received and
introductions to the Panel were made.
The Business Partner (Litigation/Licensing)
outlined the procedure for the conduct of the Hearing as attached
to the agenda.
The Licensing Officer presented the report
which explained that Members were requested to consider an
application for a combined Hackney Carriage/Private Hire
Driver’s Licence.
The Sub-Committee needed to be satisfied that
the applicant was a fit and proper person to hold a licence issued
by the Council.
Attention was drawn to the applicant’s
DVLA licence summary that had been tabled to the meeting together
with the Council’s Taxi and Private Hire Vehicle Licensing
Criminal Convictions Policy which served as guidance for
Members.
The Licensing Officer also sought the
Sub-Committee’s consent to table two letters forming
character references that the applicant had brought with them to
the meeting. The Chair therefore
permitted a short adjournment in order to allow Members time in
which to read the additional documentation.
Lastly, the Licensing Officer clarified that
whilst the copy of the application form attached to the report was
unsigned the applicant had subsequently signed the form which the
Licensing Authority held on file.
The
applicant attended the meeting to present their case and answer
Members’ questions.
Following
which the applicant and all Licensing Officers retired to another
room to allow the Sub-Committee to give further consideration to
the matter.
Following
all parties’ return to the meeting room the Chair advised on
the Sub-Committee’s decision.
With the vote being unanimous, it was
RESOLVED:
That, having taken into account all
representations received both in writing and orally, considered
alongside the Licensing Authority’s duty to protect the
public, the Sub-Committee considered there to be insufficient
evidence to depart from the Council’s Criminal Convictions
Policy which required a minimum 3 year period free from
convictions. Accordingly, THE HACKNEY CARRIAGE/PRIVATE HIRE LICENCE APPLICATION WAS
REFUSED.
The Business Partner (Litigation/Licensing)
concluded the Hearing by advising the applicant of their Right to
Appeal against the determination of the Authority.