Issue - meetings

The Licensing Officer presented the report to Committee. 

The Appellant was requesting  that the committee depart from its policy and grant permission for the re-issuing of a HCD licence.  The circumstances surrounding the unreported convictions attached to AA was considered at Committee in March 2018.  The minutes of that meeting was shared with members.  At that hearing the appellants request was refused.  In summing up his position it was suggested at that hearing that AA undertaken Anger Management course.

AA was present with his representative and presented evidence to committee that he had taken an Anger Management Course.

The following was noted from the AA presentation and from questioning.

·       AA’s conviction had arisen because of the emotional stresses arising from his wife’s difficult pregnancy and his parent’s divorce proceedings.

·       Proper notifications had not been received by the Licensing office of the convictions.

·       AA was remorseful of the incidents that happened in 2007 and 2015.

·       AA had been incorrectly advised by his lawyer that there was no need to advise of the convictions.

·       AA submitted evidence of the course undertaken together with supporting statements from his local community Mosque.

·       The Course was taken over a day, 9-5 and allowed AA to reflect on his behaviour.

·       AA was struggling financially and had a family to support and after many years working as a taxi driver he was now finding it difficult to change professions.

The Licensing Officer, AA and representative left the room to allow  Committee to make its decision.

Decision

The Members considered very carefully all of the written and verbal evidence presented to them.

The Legal Advisor reminded committee of policy and requirements set out relating to the requirements for licensing holders to notify the appropriate office following the receipt of a conviction.

·       AA had only been suspended for 6 months

·       Policy sanctioned that such offences required a period of 8 years without conviction.

·       The confusion lay with the differing requirements in respect of Private Hire and Hackney Carriage Driving licences.

·       Noted the references and the action taken to go on an anger management course.

·       Committee found no circumstances of the case that would allow them to deviate from Policy or the decision made from committee in March of this year.

The appellant and his representative return to the room to receive the decision of Committee.