Minutes:
The Democratic Services Officer informed the Sub-Committee that notification of the hearing and associated paperwork had been sent to the Appellant via recorded delivery. It was noted that no contact had been made by the Appellant to request an adjournment of the hearing.
Following legal advice, Members of the Sub-Committee decided to proceed and determine the matter in absence of the Appellant, based on the written information available. It was decided that the matter be considered in absence of the Appellant due to the seriousness of the issue.
In introducing the report, the Licensing Officer stated that the Appellant currently held a Private Hire Driver and Private Hire Operator Licence. It was noted that the Appellant was convicted for battery in November 2010 following an incident committed in March 2010. Members were informed that the Appellant did not mention that he was on bail or subject to any outstanding charge or summons on his renewal application form which was submitted in July 2010.
It was noted that the matter had only been brought to the attention of the Licensing Office following the receipt of a Criminal Record Bureau disclosure in February 2011.
Although Members were reminded that the Council’s Policy and Guidance on Convictions and Cautions stated that a firm line should be taken with applicants who had convictions or cautions relating to violence; each case was to be considered on its own merits. Options available were outlined for Members consideration.
A Member questioned how many individuals were employed by the Appellant under his private hire operator’s (PHO) licence. The Licensing Officer stated that although the Appellant held a PHO licence, apart from himself, he did not employ any other individuals.
Resolved: That Appellant Reference 01-11’s Private Hire Driver and Private Hire Operator licences’ be revoked immediately under Section 61 (2B) of the Local Government (Miscellaneous Provisions) Act 1976.