Agenda item

To consider an application for a Hackney Carriage Driver Licence

Minutes:

The Licensing and Compliance Officer submitted a report for the licensing regulatory panel to consider whether a person who has made an application for a hackney carriage driver’s licence is a fit and proper person to hold such licence.

 

The applicant was in attendance at the meeting.

 

The Licencing and Compliance Officer delivered the report to the panel. As part of the applicant’s application the Disclosure and Barring Service certificate revealed information relevant to the application. The officer also advised that the applicant has no endorsements on their driving licence and that the applicant passed the driving assessment on 24th August 2018.

 

The officer’s recommendation was to refuse the licence on the grounds that the applicant is not a fit and proper person to hold a licence.

 

The applicant then gave their representations and answered questions from members. The applicant advised the panel that the DBS certificate only had one entry, from 2011, the applicant then provided an explanation of the entry. The applicant also provided a written personal reference from a County Councillor; the officer read this out to the panel.

 

The Licencing and Compliance Officer and the applicant then left the meeting while the panel considered the application.

 

Members considered the application, the officer’s report, and representations from the applicant, the written personal reference and advice from officers. The Panel also considered relevant legislation, and the Council’s policy on the relevance of criminal convictions.

 

Councillor Hilary Harrington moved to refuse the licence on the officer’s recommendation.

 

This was seconded by Councillor Ron Munby

 

A vote was taken on the motion, 2 voted in favour, 3 against and 0 abstentions.

 

The motion was lost.

 

Councillor Bill Pegram then moved to grant the hackney carriage drivers licence for a period of six months. After this time, the decision to grant the licence would be delegated to the Licensing Officer should there be no further issues. Any subsequent renewal would require all Conditions of Application to be met prior to the issue of a further licence.

 

This was seconded by Councillor Mary Bainbridge.

 

A vote was taken on the motion, 3 voted in favour, 1 against and 1 abstention.

 

The vote to grant the licence was carried.

 

The Licencing and Compliance Officer and the applicant returned to the meeting.

 

The applicant was informed of the decision and its reasons.

 

Decision/Reasons

 

The panel decided to grant the licence for a period of six months, after which the decision to continue to grant the licence will be delegated to the Licensing Officer should there be no further issues. Any further renewal will require all Conditions of Application to be met prior to issue of a further licence.

 

The panel considered the information the applicant has provided in conjunction with the overriding objective of protecting the safety of the public.

 

In making its decision, the Panel noted that the applicant received a conditional discharge for battery seven years ago and that the applicant has no other convictions.  The panel noted that the applicant had clearly shown remorse for the conviction.  The Panel also noted the content of the reference received from the County Councillor.

The panel in accordance with the licencing policies issued the applicant with a strict warning about future conduct and reminded them of the enforcement powers available to officers.

 

If the applicant is aggrieved of the decision, they have the right to appeal to the Magistrates Court within 21 days of receiving written notification of the decision.

 

Resolved

 

That the application for a hackney carriage licence be granted for six months. After this time, the decision to grant the licence would be delegated to the Licensing Officer should there be no further issues.  Any subsequent renewal would require all Conditions of Application to be met prior to the issue of a further licence.