Agenda item

The applicant confirmed that he understood the procedure to be followed for the hearing.

The Senior Public Protection Officer summarised the report. He provided Members with a copy of a Disclosing and Barring certificate in respect of Mr SJB, a statement submitted by him and reference given on his behalf. The hearing was adjourned to allow Members time to study these documents.

Following the adjournment Mr SJB stated his case and was questioned by Members. With the agreement of Members he submitted two further references and internet feedback from customers of his business.

After a further adjournment the Sub-Committee RESOLVED that Mr SJB was a fit and proper person to hold a combined Hackney Carriage/Private Hire Driver’s Licence and delegated authority to the licensing officer to issue the licence, subject to the applicant completing all steps required by the licensing process.

Reasons

Members have had to determine an application for a combined 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.

The applicant stated that he had his own removal business for the last three years which he runs from his home address and he had the idea to apply for a Combined Hackney Carriage/Private Hire Driver’s Licence to compliment that business. He told members that he is embarrassed by his convictions, that he did not have a very good upbringing. He said that he does not think he was a bad person but got into some stupid situations. He said would not be the person he is now if he did not have the past he had. He explained that the term of imprisonment and the effect that it had on his children and wife, had changed his life. He wants to be a good Dad and a good person. He said he was an immature young man back then under the influence of alcohol. He said he was sorry for what he had done and wants to make his life and his kids’ life better. Mr S J B said he had worked since he was 17 and has a full clean driving licence. He said that marriage had taught him how to handle situations better and he said he is not the same person now and had made changes in his life. He just wants to look after his family and make a better life.

Members allowed the applicant to provide some additional documentary information in support of his application including two additional references and positive reviews of his current business.

Members took account of the applicant’s oral representations, written statement references and reviews and balanced these against the information contained in the Disclosure and Barring Service Certificate.

Members noted that Mr SJB had remained conviction free for the period anticipated by the policy but they could depart from that where there are good reasons for doing so. Members took a serious view of Mr SJB’s offending but heard from him at length in relation to his upbringing, life at the time of offending, the changes he had made to his life in order to be a better person and his current family life. Members questioned Mr SJB at length in order to try to establish if he is a fit and proper person. On balance members found that Mr SJB came across as credible and genuine and showed remorse and embarrassment in relation to his past. Members noted the references from reliable sources and in the light of the above Members found Mr SJB to be a fit and proper person to hold a combined Hackney Carriage/Private Hire Driver’s Licence. They noted however, that they were likely to take a very dim view, if he came before the Committee subsequently for offending or unreasonable conduct.

Authority is delegated to the licencing officer to issue the licence subject to the applicant completing all steps required by the licensing process.