Minutes:
The following is a summary of the hearing:
The Licensing Sub-Committee was asked to consider whether Applicant (Reference 03-14) was a fit and proper person to be granted a private hire drivers licence. The Licensing Manager, summarised the background to the application and discussed the relevant Policy and Legislative considerations in the case. He advised Members that the Sub-Committee could only grant a private hire driver’s licence if they were satisfied that the applicant was a ‘fit and proper’ person to hold that licence. Members were advised that the application was subject to a criminal record check and a DBS Certificate detailed a number of previous convictions dating from 2001 to 2010. The Officer advised that due to the number and nature of these convictions, the Applicant was not deemed to be a ‘fit and proper person’to hold a private hire driver’s licence.
Members were advised that in this case convictions would normally be ‘spent’ under the Rehabilitation of Offenders Act 1974, but the law had created an exception where local authorities were considering whether to licence individuals to drive hackney carriages or private hire vehicles. This exception stipulated that all relevant convictions could be taken into account, regardless of whether they would otherwise be spent.
Details of the convictions were revealed at the hearing and the Sub-Committee was asked to consider whether the offences were relevant and should be admitted. The offences were varied but covered property damage, offences of dishonesty, driving offences (including driving without insurance) and alcohol-related offences. The Licensing Manager submitted that the Sub-Committee had the option to grant the private hire driver’s licence application; grant the licence subject to conditions or refuse the licence application.
The Licensing Manager referred to extracts from case law which dealt with the fit and proper test. He reminded the Sub-Committee that an applicant’s personal circumstances, for example his need of a licence to provide for his family, should not be taken into account when deciding an application. The Officer recommended that the application be refused due to the previous convictions and sentencing.
The Applicantaddressed the Sub-Committee and acknowledged that he had many previous offences. He advised however that these incidents were in the past and therefore not relevant to his application.
The Legal Advisor to the Sub-Committee referred Members to a High Court case where it was held that the Applicant’s previous offences were relevant and it found that it would be wrong not to have regard to all of these. The Sub-Committee adjourned to reach its decision. Having carefully considered all the evidence the Sub Committee:
Resolved – That the Applicant’s (Ref 03-14) application for a Private Hire Licence be refused.