Agenda item

The Senior Licensing Officer introduced this report and made the following points:

(1)        MQ was seeking consideration of an application for the renewal of a Private Hire Driver (PHD) licence

(2)        MQ has held a PHD licence 3903 since 13 October 2006 and his current licence expires on 20th December 2016.

(3)        MQ applied for the renewal of a PHD licence on 3 October 2016 via the online facility and did not declare any convictions/cautions. The online application makes it quite clear that you cannot renew online if you have any convictions/cautions to declare and includes the following declaration:

“Section 57(3) of the Local Government (Miscellaneous Provisions) Act 1976

states: If any person knowingly or recklessly makes a false statement or omits any

material particularly in giving information he or she shall be guilty of an offence.”

By virtue of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 as

amended spent convictions must also be disclosed.

(4)        MQ completed a Disclosure and Barring Service Check (DBS) which, when

returned, revealed the following relevant information:

An offence of soliciting another for the purpose of obtaining their sexual services as

a prostitute in a street/public place which is contrary to Section 51A of the Sexual Offences Act 2003

Date of Caution 4 April 2013

Date of Offence 4 April 2013        

(5)        A number of conditions are attached to the grant of a PHD’s licence

set out below:

The licensee shall ensure the Council is notified in writing by close of business on the

following working day of the happening of any of the following events;

16.1 The licensee being convicted of any criminal offence

16.2 The licensee being bound over by any court

16.3 The licensee being arrested or interviewed in connection with investigations into

allegations of offences of the following type –

16.3.1 Any offence involving an allegation of dishonesty, indecency or violence

16.3.2 Any offence involving an allegation of a failure to comply with the relevant

legislation

16.3.3 Any offence arising out of the use or keeping of any motor vehicle

16.3.4 Any offence which on conviction may result in a term of imprisonment.

16.5 The imposition of any penalty points upon the DVLA licence held by the licensee

(6) It was noted that there was no record of this notification being received by the Licensing Authority.

MQ made the following points:

(6)        He was nervous that any communication from the Police concerning this offence would be seen by his wife and negatively affect his family life;

(7)        He believed that he had not been convicted of any criminal offence and had received a warning for his actions;

(8)        He had attended a course to help him deal with this situation;

(9)        When he had been advised about the process, he had asked if there was any way that he would be able to continue as a PHD licence holder if he agreed to a condition that he would not operate at night in certain areas of the city;

In response to Member’s questions, he made the following points:

(10)      He noted that he needed to be free from conviction for serious offence for 5 years before he could be granted a licence unless the Sub-Committee agreed to depart from policy. Whilst he had not realised that he had been convicted of an offence, he acknowledged that the form also indicated “received a caution”;

(11)      It was the first time he had solicited women when he was caught by Police. He had not heard of this situation happening to another driver since he started as a PHD. Whilst he had had contact with other night-time PHD’s when he started in the role, he no longer worked nights so was unfamiliar with it;

(12)      He had 3 character references ;

(13)      He had written a letter to the jury concerning this incident but no longer had it. This letter had not been received within the Licensing Office. It included details of MQ’s time on the jury service;

(14)      MQ had not been working on the day of the vehicle but had removed his plates from his vehicle. The Senior Licensing Officer confirmed that it is an offence to remove plates from a licensed vehicle.

The Sub-committee noted that in 2008 MQ had received 3 points on his licence.

MQ was asked to withdraw whilst the Sub-Committee made its decision.

Resolved –

(1)        that the application to renew a Private Hire Driver’s Licence be refused on the grounds that the Sub-Committee do not think it is appropriate to depart in this instance from Council policy which required a minimum of 5 years before a new licence is granted;

(2)        MQ had not advised the Licensing Section of the caution that he had received;

(3)        MQ is not a fit and proper person to hold a licence.