Agenda item

Application for the grant of a Private Hire and Hackney Carriage Drivers Licence made under Section 51 of the Local Government (Miscellaneous Provisions) Act 1976 and Section 46 of the Town and Police Clauses Act 1847

Report of the Director of Public Protection, Streetscene and Community.

Minutes:

The Sub Committee considered a report of the Director of Public Protection, Streetscene and Community to determine whether the applicant was a fit and proper person to hold a Private Hire and Hackney Carriage Drivers Licence. 

 

The applicant did not attend the meeting. 

 

The applicant made an application for a Private Hire and Hackney Carriage Drivers Licence on 16 January 2016.  The applicant had passed the Council’s Knowledge Test and DSA Private Hire Driver Test Assessment.  There were no convictions recorded against the Disclosure and Barring Certificate, the Councils Group II Medical had been returned with no issues and the applicant held a full DVLA Driver Licence.

 

The application process had identified that the applicant had a limited ‘Leave to Remain-Residence Permit’, where he was limited to remain in the UK until 9 April 2018.  Officers believed it would be inappropriate to use delegated authority to issue a Private Hire and Hackney Carriage Driver Licence for three years to the applicant in light of the limited time he had to remain in the Country.

 

After careful consideration and taking into account all the relevant factors in considering whether the applicant was a fit and proper person to hold a Private Hire Driver’s Licence and a Hackney Carriage Licence the Sub Committee RESOLVED that the applicant was a fit and proper person to hold a Private Hire Driver Licence 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:

 

1.      Members considered that the applicant had passed the Council’s knowledge test and DSA Private Hire Driver Test Assessment and that there were no convictions recorded against the Disclosure and Barring Certificate.  The applicant’s Group II medical had been returned with no issues and that the applicant held a full DVLA Driver Licence.

2.      Member’s considered the Council’s Policy of issuing 3 year Private Hire and Hackney Carriage Driver Licence and felt that in this instance it was appropriate to depart from the Council’s Policy.  In light of this Members resolved to grant this licence with the following conditions:

a)      To grant the application to a period not extending the applicant’s leave to remain in the UK which currently expires on 9 April 2018.

b)      To delegate to Licensing Officers upon receiving any evidence of any extension of that period to then extend the Private Hire and Hackney Carriage Driver Licences issued to:

-    A period not exceeding 3 years from the date of grant of those licences and

-    To not exceed any period of leave to remain as given on his residence permit

c)      In the event that the applicant does obtain an extension to remain in the UK, the applicant will not be required to pay a fee for the extension of the Licence and that no extra fees are to be paid so as not to put him at a disadvantage to other drivers.