Agenda item

Application for Grant of Private Hire/Hackney Carriage Driver’s Licence (Para 1 and 2) - (Report No: LSC/SE/17/006)

Report No: LSC/SE/17/006 - EXEMPT

 

Application for Grant of Private Hire/Hackney Carriage Driver’s Licence

 

Minutes:

The Business Partner (Litigation/Licensing) welcomed all present to the Hearing, reported that no declarations of interest had been received and introductions to the Sub-Committee were made by the Chairman.

 

The Chairman then outlined the procedure for the conduct of the Hearing.

 

The purpose of the report was for the Sub-Committee to consider an application for a Hackney Carriage/Private Hire Driver’s Licence under the provisions of Section 51 of the Local Government (Miscellaneous Provisions) Act 1976.

 

The Licensing Officer informed the Sub-Committee that the applicant had provided additional supplementary documentation in support of their application in the form of a character reference.  The Chairman confirmed that the Sub-Committee would take this into consideration.

 

The Licensing Officer then presented the report and drew attention to Exempt Appendix 3 of (Report No: LSC/SE/17/006), which set out the Taxi and Private Hire Vehicle Licensing Criminal Convictions’ Policy, which served as guidance for Members.

 

Also attached to Report No: LSC/SE/17/006 was:

 

-      Exempt Appendix 1: Copy of the application form (type of licence - new); and

 

-      Exempt Appendix 2: Summary of Disclosure and Barring Service’ (DBS) enhanced disclosure detailing convictions and a caution dating from July 2014 to October 2014.

 

The Sub-Committee was advised that the DBS disclosure was dated 2 February 2016.  However, the applicant was registered with the DBS Update Service and following the Council’s check, it was confirmed that the Disclosure was up to date.

 

The Sub-Committee needed to be satisfied that the applicant was a fit and proper person to  hold a licence issued by the Council.

 

The applicant attended the meeting, accompanied by a third-party representative.  The applicant presented their case and answered Member’s questions.

 

Members questioned the applicant’s history of offending in 2014 and her explanation as to why she had remained free from convictions.  Members also questioned her past and current employment history.

 

The applicant then summed up their case, followed by the third-party representative who provided a statement that the applicant had been working in the taxi office over the last three years organising and co-ordinating drivers work schedules and school transport routes.  She was an exceptionally hard working employee and on many occasions had worked long hours to cover staff absences.  He also explained that it would be helpful for the applicant to hold a drivers licence so that she could go to the schools to resolve any problems which might arise.

 

Following the summing up, at 10.20am, all those present, other than the Sub-Committee, the Business Partner (Litigation/Licensing) and the Democratic Services Officer (Scrutiny), would be asked to leave the Hearing to allow the Sub-Committee to give further consideration to the application.

 

At 10.30am all parties were recalled back to the Hearing, and the Chairman advised on the Sub-Committee’s decision.

 

With the vote being unanimous, it was

 

          RESOLVED:

 

That the application is REFUSED. 

 

The Sub-Committee felt that, due to the number and seriousness of the offences committed in 2014, it could not depart from the council’s policy on this occasion (there was a general requirement to remain free from convictions for a least three years).

 

The applicant would be advised on the right of appeal to the Magistrates’ Court by Licensing Officers outside of the meeting.