Minutes:
The Licensing Sub-Committee was asked to consider whether Applicant (Reference 04-14) was a fit and proper person to be granted a private hire drivers licence. The Applicant attended the hearing.
The Licensing Manager, summarised the background to the application and discussed the relevant Policy and Legislative considerations in this 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 1990 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 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 application.
The Licensing Manager referred to extracts from case law which dealt with the ‘fit and proper’ to hold a licence 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. It was confirmed that the Applicant had held a private drivers licence previously and these were revoked in 2003 and 2009. The Officer recommended that the application be refused.
The Applicantaddressed the Sub-Committee and submitted that the offences 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 all of the Applicant’s previous offences were relevant and it was found that it would be wrong not to have regard to them.
The Sub-Committee adjourned to reach its decision and carefully considered all the evidence. Members considered that all the Applicant’s previous convictions were relevant when reaching its decision but noted the time lapse since these occurred. However, one of the offences was not viewed as a ‘serious’ offence and therefore Member’s decided that the Council’s policy did not apply. The other convictions were ten and fifteen years earlier.
The Sub-Committee decided to grant a licence for a limited period of six months with the option to re-apply.
Resolved- That the application (Ref 04-14) for a private hire licence be granted for 6 months and that on the expiry of this period an annual licence may be applied for subject to a satisfactory DBS check. Subsequent applications will also be subject to a satisfactory DBS check for the following 3 years and then on a 3 yearly basis in line with Council policy.