Decision details

The Sub-Committee considered the report, which sought determination of Mr AA’s application for the grant of a combined Hackney Carriage/Private Hire Driver’s licence.

Mr AA was present. He confirmed that he understood the procedure for the hearing.

The Senior Public Protection Officer presented the report and stated that as part of the application process a Disclosure and Barring Service check was undertaken, which had revealed previous convictions. He circulated the Disclosure and Barring Service check, personal statement and reference for Mr AA. The applicant and Senior Public Protection Officer withdrew from the meeting while Members took some time to consider these documents.

Mr AA put his case and was questioned. He also made a closing statement. 

Following an adjournment it was

RESOLVED that Mr AA be refused a combined Hackney Carriage/Private Hire Driver’s licence.

Reasons for decision

Members have had to determine an application by Mr AA for a combined Hackney Carriage and Private Hire Driver’s licence.

In doing so, they took account of the Local Government (Miscellaneous Provisions) Act 1976, the Human Rights Act 1998, the Equality Act 2010, case law and the Council’s policy.

Members had to consider whether Mr AA is a fit and proper person to hold such a licence and therefore asked themselves whether they would allow their son, daughter, spouse, partner or anyone they cared about to travel alone in a vehicle driven by Mr AA.

Members noted that Mr AA had been convicted of drink driving on 25 September 2006 and, in accordance with the Council’s policy, they took a serious view of this offence, despite it being over 5 years old. Members also noted that Mr AA had been convicted of a number of offences between 2005 and 2011, primarily criminal damage, but also interfering with a vehicle and a public order offence. The last conviction was on 23 May 2011 meaning that 3 years has not yet elapsed. Members noted a theme of drink and aggression running through the convictions.

To assist them in making a determination, Members had regard to Mr AA’s written statement and his reference and listened to his representations. Mr AA stated that he was much younger when the offences had occurred and they were as a result of drinking.

Members decided that Mr AA is not a fit and proper person to hold a private hire and hackney carriage drivers licence due to the nature and extent of his previous convictions, the fact that he has not been free of convictions for three years and the fact that drink and aggression featured in many of the offences. Accordingly his application is refused.