Agenda item

To consider an application for the grant of a Private Hire Driver (PHD) licence number seeking departure from Council policy.

(containing exempt information under Paragraph 1)

The Committee considered an application by JH for the grant of a Private Hire Driver’s Licence.

Members noted the history of the case as outlined in the report. In particular, the Committee noted the convictions for stealing electricity and production of a controlled drug, in addition to a community punishment order for battery.

JH made the following points:

•          He was now changing his life since being convicted of stealing electricity and production of a controlled drug

•          He had trouble sleeping in the past due to depression which had resulted in him starting to grow and use cannabis. However, his GP had now prescribed a stronger anti-depressant which was working more effectively

•          In relation to the community punishment order for battery, he explained that he had pushed his girlfriend during an argument and she had hit her head. However, he had now been on an anger management course and there had been no trouble with violence since this incident

•          In addition, he had cleared his debts and was now self-employed as a personal fitness instructor at Cribbs Causeway

Following questioning, the Panel requested that the Appellant withdraw from the meeting to consider their decision. Once both parties returned to the room, the following decision was given to them.

RESOLVED – that it was noted that the applicant had been convicted of a series of offences over a long period of time which gave the committee greater cause for concern that the applicant could not satisfy the test that he was a fit and proper person to hold a Private Hire Driver’s Licence.  This demonstrated a pattern of inappropriate behaviour which the committee is entitled to take into account.

The convictions were also of a serious nature and included drug related offences and offences of dishonesty and violence.

Although the most recent convictions are dated June 2013 they still fall within the Council’s policy concerning offending behaviour which requires a period of 3 to 5 years free of conviction.  Given that the court imposed a suspended sentence of imprisonment, this demonstrates that the offences were considered to be at the more serious end of the scale. Consequently, the longer period of at least 5 years free of conviction would be required before an application would even be entertained.  The burden of proof is on the applicant to satisfy the Council that he is a fit and proper person and that he should be treated as an exception to the Council’s policy on offending behaviour.

The Committee listened carefully to everything the applicant had to say and considered his written representations but could not be satisfied that he had discharged the burden of proving that he was a fit and proper person to hold a Private Hire Driver’s Licence or that he should be treated as an exception to Council Policy.  Therefore, the application is refused.

The Committee indicated that they would expect to see a greater period of rehabilitation before a further application can be considered.  The applicant was advised to produce further evidence that he is drug free and that he successfully completed the anger management course.