Decision details

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

Mr CS was present. Because of his limited English, he was accompanied by a friend to interpret for him. Mr CS 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 certified translation of Mr CS’s driving history had been obtained from Romania, which had revealed previous convictions. He circulated the certified translation, Mr CS’s personal statement and references. The applicant, his friend and the Senior Public Protection Officer withdrew from the meeting while Members took some time to consider these documents.

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

Following an adjournment it was

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

Reasons for decision

Members have had to determine an application by Mr CS 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 CS 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 CS.

Members noted that Mr C S had been convicted in Romania of 12 traffic offences including speeding, illegal stopping and using a mobile phone between 2008 – 2013 and that 6 of those offences had occurred within 3 years of the date of his application.

To assist them in making a determination, Members had regard to Mr CS’s written statement and listened to his representations. Mr CS stated that he had worked in Romania as a medicine delivery driver and was therefore always rushing from place to place. He said that the police in Romania are corrupt and it is common to get convicted of such offences. However, Members were mindful that there was nothing before them to indicate that the convictions were unlawful and that they had to take the convictions at face value.

Members also had regard to the references provided.

.

Members reminded themselves of the Council’s policy that minor traffic offences are not normally a bar to a licence being granted, provided there have not been more than three offences within the three years immediately preceding the application. In this case the policy was breached and Members saw no reason to depart from it.

Members decided that Mr CS is not a fit and proper person to hold a private hire and hackney carriage driver’s licence and accordingly the application is refused.