Luke Elford

DETERMINATION OF AN APPLICATION FOR A NEW PRIVATE HIRE DRIVER'S LICENCE

From: Licensing Sub Committee - Tuesday, 26th August, 2025 4.00 pm - August 26, 2025

The Licensing Sub-Committee heard an application for a new Private Hire Vehicle Driver’s Licence.   Upon application, the applicant disclosed one previous conviction on 5 January 2024 and was sentenced to a fine and an endorsement of 6 penalty points.   The application has been referred to the Licensing Authority’s Sub-Committee to determine whether the applicant is a fit and proper person to hold a Private Hire Vehicle Driver’s Licence issued by the Licensing Authority.   The Sub-Committee considered the report from the Licensing Officer and heard from the applicant.   In making its decision, the Sub-Committee considered all relevant legislation, as well as both the statutory (Department for Transport) and non-statutory (Institute of Licensing) guidance and were reminded of Fenland District Council’s Hackney Carriage and Private Hire Vehicle Licensing Policy 2021-26.   The Sub-Committee were reminded that when assessing suitability that the safety of the public is the paramount concern and that the test as to whether an individual should be granted a Private Hire Vehicle Driver’s Licence is whether the individual is a fit and proper person.   The Sub-Committee were reminded that their decision should be evidence based.   The Sub-Committee heard from the applicant regarding the circumstances which led to the conviction and were mindful of the fact that the applicant admitted the offence at the time and that he was honest in declaring the offence on the application.   However, the Sub-Committee noted that their responsibility is to protect the public and that protecting the public necessitates an expectation of high standards amongst Private Hire Vehicle Driver Licence applicants. The Sub-Committee were concerned that the applicant had been convicted of a relevant offence relatively recently and that not enough time had elapsed between the conviction and the application. The Sub-Committee were mindful that the Institute of Licensing’s guidance on the suitability of applicants convicted of offences that 5 years should have elapsed since the conviction or completion of any disqualification imposed, whichever is the later.   The Sub-Committee do not necessarily feel that the full five years is appropriate in the applicant’s case, but that further time needs to pass with the applicant demonstrating no further offending before the Sub-Committee would consider him fit and proper.

Recommendations Approved