Agenda item

To consider an application to grant a Private Hire Driver (PHD) licence.

SA was in attendance.

The Licensing Officer introduced the report and summarised it for everyone.

SA put his case and answered questions highlighting the following:

·                He confirmed that he has a number of previous convictions

·                He has appeared before the Committee previously and produced various character references

·                Referring to the drink/drive conviction, his drink had been spiked by someone; he was advised to plead guilty by his solicitor to gain a lesser sentence

·                Referring to offence of driving without insurance, he was driving a taxi for a company that was supposed to insure the vehicle, but had not

·                Referring to the 2012 conviction, this related to him being accused of changing the price on an item in a shop; he was again advised to plead guilty by his solicitor

·                He has been driving taxis since 1999 and has a good record

·                He has made mistakes but wants a chance to rectify them

·                These convictions have put a strain on his family and he is living on benefits.  He had not worked for 2 years

·                He thought that all the convictions had been dealt with by the Committee in 2015 and doesn’t understand why they are in the report again

·                He had been granted a licence with his criminal record previously.  I was only since the more recent conviction that he lost his licence

·                He can obtain references from people

·                He wants an exemption from the Knowledge Test so that he can get back to work as soon as possible

·                He summed up his case

The Licensing Officer and the Applicant left the room whilst the Committee made its decision.

Decision

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

The Legal Advisor confirmed to the Members that this is a fresh application and that they are entitled to look at the history and pattern of the Applicant’s previous offences. She also reminded the Members of their Policy and that the drink/driving conviction is a Major traffic Offence that requires a 5 year period free from conviction.

The Members decided that SA had not satisfied them that he is fit and proper person to hold a licence and that the application should therefore be refused.  The most recent conviction of being in charge of a motor vehicle whilst under the influence of alcohol was on its own, very concerning, but having regard to the totality of SA’s offending conduct over a period of time, SA had a very heavy burden to discharge in order to prove that he was a fit and proper person to hold a licence.  He had failed to do so.

Everyone returned to the room to hear the decision.

Resolved - that the application for the Grant of a Private Hire Driver’s Licence submitted by SA be refused on the ground contained in section 51 of the Local Government (Miscellaneous Provisions) Act 1976 in that he had not satisfied the Council that he is a fit and proper person to hold such a Licence.