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Summary
The Regulatory Committee of Dover Council convened on Tuesday, 25 June 2024, to discuss several key issues, including the approval of a Joint Hackney Carriage and Private Hire Drivers’ Licence for an applicant with previous convictions. The committee ultimately decided to grant the licence for one year.
Exclusion of the Press and Public
The committee resolved to exclude the press and public from the meeting under Section 100(A)(4) of the Local Government Act 1972. This decision was made on the grounds that the items to be considered involved the likely disclosure of exempt information as defined in paragraph 1 of Part I of Schedule 12A of the Act1.
Application for a Drivers' Licence
The main topic of discussion was an application for a Joint Hackney Carriage and Private Hire Drivers’ Licence under the Local Government (Miscellaneous Provisions) Act 1976. The application was referred to the committee to determine whether the applicant was a fit and proper person to hold such a licence within the Dover district, given their previous convictions.
Applicant's Background and Representations
The committee heard from the applicant and their representative regarding the applicant’s convictions, the age of those convictions, and how their life had changed since then. The applicant detailed their employment history, including experience in a delivery job, and explained the need for flexible working hours due to family circumstances. They expressed a desire to become a part-time driver and argued that they considered themselves to be a fit and proper person.
Considerations and Decision
The committee considered several factors when determining the applicant's suitability:
- The duty of the Licensing Authority to ensure public safety.
- The principle that if there is any doubt (50/50) about the applicant being fit and proper, a licence should not be granted.
- The relevance of all convictions in assessing whether the applicant is fit and proper.
- The Council’s policy on convictions and cautions, including the specified minimum periods that should elapse before an application can be made.
Despite noting a pattern of offending in the applicant's past, the committee acknowledged the significant passage of time since the last conviction and the absence of any further offending. Consequently, the committee resolved that the applicant is a fit and proper person and granted the application for a Joint Hackney Carriage and Private Hire Drivers’ Licence for one year.
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Exclusion of the Press and Public - This document outlines the legal basis for excluding the press and public from certain council meetings. ↩
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