Decision

The Chairman welcomed all parties to the meeting and explained the procedure for the hearing.

The Licensing Officer explained that an application for a Combined Hackney Carriage and Private Hire Driver’s Licence had been made by Applicant. It was revealed that the applicant had failed to declare criminal convictions when he submitted his application.

The Licensing Officer explained that the purpose of the Sub-Committee was to determine whether Applicant A was a “fit and proper person” to hold Combined Hackney Carriage and Private Hire Driver’s Licence as required by Section 51 of the Local Government (Miscellaneous Provisions) Act 1976.

The applicant explained the mitigating circumstances relating to his convictions and stated that, at the time of submitting the application form and the interview, he had forgotten the offences. He further advised that he was unaware that his licence had been suspended in 2013 and was under the impression that he had decided not to renew his licence for financial reasons. He had recently been offered employment with a private hire operator which involved airport trips, which when combined with his current employment would be more financially viable than before.

Members were reminded that the Council’s policy and guidelines on convictions relating to dishonesty stated that at least seven years from such a conviction or caution should be shown before an application is entertained: this period had lapsed.

In making its decision the Sub-Committee took into consideration the representations made by the officers and Applicant A and had regard to:

•     Local Government (Miscellaneous Provisions Act) 1976

•     Town Police Clauses Act 1847

•     Havant Borough Council’s Hackney Carriage and Private Hire Licensing Policy 

•     Department for Transport’s Statutory taxi and private hire vehicle standards

•     IoL Guidance on determining the suitability of applicants and licensees in the private hire and hackney carriage trades.

•     Human Rights Act 1998 

•     Crime and Disorder Act 1998

•     Public Sector Equality Duty (s.149 Equality Act 2010)

The members were satisfied on the balance of probabilities that Applicant A was a “fit and proper” person to hold a licence but felt that such a licence should be granted for less than three years to enable the Council to monitor the performance of Applicant A. The Sub-Committee stressed that it would expect Applicant A to declare all his convictions if he sought to apply to renew his licence.

RESOLVED That a Combined Hackney Carriage and Private Hire Driver’s Licence be issued to Applicant A for a period of 1 year from the date the licence is issued with a warning that the Council would expect Applicant A to make a full declaration when seeking to renew his licence.