Report of the Director of Public Protection, Street Scene and Community (enclosed)
Minutes:
The Sub Committee considered a report of the Director of Public Protection, Street Scene and Community to determine whether an applicant was a fit and proper person to hold a private hire driver’s licence.
On 29 September 2014, the Council had received an application made under Section 51 of the Local Government (Miscellaneous Provisions) Act 1976 for the granting of a private hire driver’s licence (PHD). The application was attached to the report for Members information. The applicant had previously held a private hire drivers licence with Salford City Council and had a number of convictions reported against him. The applicant had successfully passed the Council’s Knowledge Test, DSA Private Hire Driver Test Assessment.
Members were informed that this application was first considered on 4 February 2015 and had been adjourned as the medical report had not arrived at the time of the hearing. The Councils Group II Medical requirements had revealed that the applicant had been drug dependant within 3 years of the date of the medical and that he had a resting ECG. The Councils Medical Advisor recommends that the applicant should be subject to a spontaneous drug test to determine whether he has any drug dependency. However the practical implications of administering such a test would be difficult for the Council to resource. The Committee were also advised that he did not appear to have completed a drug rehabilitation programme.
The applicant had disclosed with his application a number of convictions recorded against him, in addition to the information contained in the Disclosure and Barring Service (DBS) disclosure certificate and Members were informed of the full details of his convictions. In 2012, the applicant was convicted of Possessing Controlled Drug with Intent to Supply, Class A – Cocaine on Misuse of Drugs Act 1971 Section 5(3), and was sentence to Imprisonment for 3 years.
Members noted that there seemed to be a considerable gap in the applicant’s record when there were no convictions recorded against him and asked him to explain the reason for this. He explained that after an unsettled time in his younger years, he had managed to sort his life out; he had married, had a family and obtained a good job where he was highly respected and progressed to a senior position within the company. His life however had spiralled out of control once again when the company was taken over and he was forced to make hundreds of people redundant including himself. He lost his marriage and family under the strain of it all and it was at that point that he got involved with the drugs scene has he was back in touch with people from his old life that where a bad influence on him.
He stated that he was extremely sorry for his actions and that it was one of the worse periods of his life. He had been fortunate to meet a new partner and he had made a life changing decision to cut all ties with Salford and move to Chorley to start a fresh life.
The applicant explained that he had been asked to deliver three small bags of white powder for a drug dealer which he very much regretted.
In relation to the caution for possessing an offensive weapon the applicant explained that he was a keen chef and would transport his kitchen knives in the back of his car to cooking events. Due to the tension and nature of his local area the police issued him with a street caution for a paring knife in the back of his car used for cutting vegetables.
He also explained that he had been drug free for some time and was determined to stay so. He had not completed the drugs rehabilitation course at the time as he was due to serve his time in prison, but he did complete a course throughout his sentence and was willing to do what it took to prove to the Council that this would continue.
After careful consideration and taking into account all the relevant factors the Sub Committee RESOLVED to refuse the application for a private hire driver’s licence for the following reasons:
1. Members acknowledged that the applicant is trying to turn his life around and avoid repeating his past behaviour
2. However members take a very dim view of drug-taking and dealing in drugs. The conviction for dealing in Class A drugs as distinct from possession for personal use puts the matter at the higher end of the scale of offending.
3. Members had regard to Paragraph C1.2 of the Council’s Policy on Previous Convictions which provides that where an applicant has been a drug addict a period of 5 to 10 years will need to elapse after completion of treatment before an application will be entertained.