Decision details

The applicant confirmed that he had received and understood the taxi procedure.

The Senior Public Protection Officer summarised the report and reported that a DBS check on Mr AU had revealed convictions. He circulated the DBS statement and a statement submitted by the applicant. He informed the Sub-Committee that Mr AU had previously held a combined Hackney Carriage/Private Hire licence with the authority between 2005 and 2013 and no complaints were received regarding his conduct during that time. The hearing was adjourned to allow Members time to study the documents.

After the hearing was reconvened, Mr AU explained that he wished to regain his licence to be able to provide for his family. He added that the disclosed convictions all related to food hygiene within a restaurant that he had previously owned.

Councillor Peter Turner asked why he had ceased to have a Hackney Carriage/Private Hire licence in 2013.

Mr AU replied that following the problems at the restaurant he had taken some time off to relax and went to live in Hong Kong for a period of time.

The Chairman asked if he felt stressed currently.

Mr AU replied that he felt good currently and less stressed out as life is much calmer. He added that to regain his licence would be a sign of a new start.

Following a further adjournment the Sub-Committee RESOLVED that Mr AU was a fit and proper person to hold a combined Hackney Carriage/Private Hire Driver’s Licence.

Reasons

Members had to determine an application for a Hackney Carriage/Private Hire Driver’s Licence. In doing so they took account of the Local Government (Miscellaneous Provisions) Act 1976, Human Rights Act 1998, case law and the Council’s Policy.

Members had to decide whether or not the applicant was a fit and proper person to hold a licence taking into account all the circumstances.

Members took account of the applicant’s written statement and balanced this against the information disclosed on the DBS certificate.

Members noted that BANES’ Policy expects that applicants will not have been convicted of an offence during the previous three years however members took into account the nature, seriousness, frequency of offending and any mitigating circumstances put forward and noted that they could depart from the policy if there are good reasons for doing so.

Taking into account the nature of the offences, the fact that Mr AU went through a difficult period during which he overstretched himself leading to the conviction; the fact that he had learnt his lesson and his historic unblemished taxi record, Members were satisfied that there was good reason to depart from the policy and found that Mr AU is a fit and proper person to hold a combined Hackney Carriage/Private Hire Driver’s Licence.

Accordingly, Mr AU’s application for a combined Hackney Carriage/Private Hire Driver’s Licence is granted.