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 attended the meeting to make representations to the Sub Committee, with Mr Anthony Price of Yellow Cabs (his prospective employer).
The applicant made an application for a Private Hire and Hackney Carriage Drivers Licence on 1 March 2016 and successfully passed the Council’s Knowledge Test, the Council’s Group II Medical requirements and the DSA Private Hire Driver Test Assessment.
There was one driving conviction recorded against the applicant’s DVLA Driver Licence in October 2014: a SP50 resulting in 3 penalty points and a £35 fine. The applicant’s Disclosure and Barring Certificate identified a number of offences which were set out in the report.
The applicant advised that the Conditional Caution in May 2007 was received for possessing controlled drug-Class A for personal use.
In April 2011 the applicant was convicted of Conspire / Being Concerned in Fraudulent Activity Undertaken with View to Obtain Payment of Tax Credit. The applicant explained that the offence had been committed when he was in his mid-twenties and that it had taken seven years for the matter to be dealt with through the courts. He had found the experience to be scary and advised that he would not do anything to put himself in that position again. All of the convictions on the Disclosure and Barring Certificate were now spent.
The applicant had been employed by a Parish Council as their lengthsman for two years and had worked installing gutters and fascia boards, but was currently unemployed.
The applicant was now 38 years old and settled with a wife and family. The applicant had been managing a local football team for several years and had responsibilities as the treasurer. This was a voluntary position.
Mr Price explained that the applicant had grown into a responsible family man and deserved the chance to prove himself as a taxi driver.
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 Drivers 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 Council's medical consultant was satisfied that the applicant met Group II standards and that he successfully passed his DSA test and Knowledge Test.
2. Members considered the Council's Safeguarding, Suitability and Convictions Statement of Policy for Taxi Licensing which envisages rehabilitation periods of 3 - 5 years. In light of this Members noted that:
a. It was just over 5 years since the applicant's convictions and the grant of a Private Hire Driver’s Licence and a Hackney Carriage Licence was therefore within the Council's Safeguarding, Suitability and Convictions Statement of Taxi Licensing.
b. The applicant had not been convicted of any further offences in the intervening period and has expressed remorse. Members noted that the applicant had given reasons for the offences committed.
c. Members took into consideration that the applicant had, since his convictions, managed a football team and been the treasurer.
d. The applicant was now married and settled with a family.