Report of the Director of Public Protection, Streetscene and Community (enclosed)
Minutes:
The Sub Committee considered a report of the Director of Public Protection, Streetscene and Community to determine whether or not, the applicant was a fit and proper person to hold a private hire drivers and hackney carriage drivers licence under Section 51 of the Local Government (Miscellaneous Provisions) Act 1976 and Section 46 of the Town and Police Clauses Act 1847.
The applicant already held Private Hire and Hackney Carriage Drivers licences and a Hackney Carriage Vehicle licence with Rossendale Borough Council which had been granted in December 2014. The applicant currently worked for Coopers Taxis, a Chorley based Private Hire Company and was dispatched as a Private Hire Vehicle under the Act of 1976. The applicant had a number of convictions recorded against him which prevented officers using delegated authority to grant the application.
The applicant attended the meeting with his legal representative, and his current employer. The applicant had disclosed within his application a number of convictions that were recorded against him that was detailed within the report. The applicant had attended the Council’s offices on 14 September 2015 to assist officers in understanding the nature and content of the offences recorded and explanations were provided within the report. Further explanations were also given by the applicant at the Committee meeting.
The applicant, his legal representative and his employer answered questions of the Committee. His employer submitted a letter of support and also spoke at the Sub Committee meeting in support of the applicant, saying that he was a competent driver for his company, had driven for them for around 8 months and had a secure future with the firm. He and his partner had found the applicant to be extremely trustworthy and was a valuable member of the team, often going out of his way to help other people.
The applicant stated that he had no recent convictions and no court appearances scheduled. He explained that the troubles he had experienced were all in his past and he had overcome very personal circumstances to get where he was today. The applicant was now married with children and had a family to provide for.
The Committee were satisfied with the applicant’s explanation for the circumstances surrounding his convictions and noted that he had turned his life around. They were also impressed by the attendance of his employer to support his application.
After careful consideration and taking into account all the relevant factors the Sub Committee RESOLVED that the applicant was a fit and proper to hold a private hire driver and hackney carriage driver’s licence under Section 51 of the Local Government (Miscellaneous Provisions) Act 1976 and that his application should be approved subject to the requirements of the standard conditions for the following reasons:
Members considered the Council’s Policy on previous convictions which envisages rehabilitation periods of between 5 and 10 years, which require a substantial period to elapse before the applicant can be considered again for a private hire and hackney carriage driver licence. In light of this Members noted that:
a) Almost eleven years have elapsed since the applicants convictions and the grant of a taxi driver licence was therefore with the Council’s policy on previous convictions under paragraph B.1.3.2.
b) The applicant has not been convicted of any further offences in the intervening period and has expressed remorse.