Agenda item

The Public Protection Officer (Licensing) introduced the report to the Sub-Committee. He explained that they were being asked to determine whether the application for a combined Hackney Carriage/Private Hire Drivers licence should be granted by this authority.

The applicant’s DBS certificate was shared by the Public Protection Officer (Licensing) with the Members.

Councillor George Tomlin asked for confirmation of when the Council considers a conviction to be expired.

The Public Protection Officer (Licensing) replied that this was normally five years after the date of conviction.

The applicant addressed the Sub-Committee and stated that their conviction in 2016 was for a totting up of offences and that they had learnt from these incidents.

The applicant informed the Sub-Committee that they were a Designated Premises Supervisor and a personal licence holder under the Licensing Act 2003.

The applicant said that if successful they intended to drive for a well established company within Bath and stated that they have no other convictions.

The Public Protection Officer (Licensing) asked the applicant if they remember the offence listed on the DBS certificate that led to the conviction.

The applicant replied that they did not remember the incident.

The Team Leader, Legal Services asked the applicant if they could recall any matter involving drink driving and excess alcohol.

The applicant replied that they could not, but acknowledged that they had made a mistake.

The Public Protection Officer (Licensing) commented that he felt that such an incident would be at least memorable in some way.

The applicant replied that this had been around 10 years ago and that they have tried to put it out of their mind.

Councillor Shaun Hughes said that clarity on this issue would be useful and asked the applicant if they had been stopped by the Police whilst driving.

The applicant replied that they had and that they remember being taken to Melksham Police Station. They added that they were breathalysed at the roadside and at the station. The applicant said that they had failed the test, but not by so much to warrant a direct conviction, hence the totting up conviction that has been received, as they had over 12 points on their licence. There had also been a court date.

Councillor George Tomlin asked if the applicant has had a clean driving licence since that time.

The applicant said that they have and that they have driven many miles in that time for their job.

Councillor George Tomlin asked the applicant if they would ever drink alcohol and drive again.

The applicant replied that they would not and stated that they wanted this new role to become their career.

The applicant made a summing up statement and said that they had learnt from their mistakes, were trying to move on with their life and had proved that they are now a different person.

Decision & Reasons

Members have had to consider if the applicant is fit and proper to be granted a combined Hackney Carriage/Private Hire Driver’s licence in the light of the results of a Disclosure and Barring Service search. In doing so Members took account of the Local Government (Miscellaneous Provisions) Act 1976, Human Rights Act 1998, case law and the Council Policy. 

Members heard from the applicant who indicated that they had learnt from their past mistakes, had become a different person over the last ten years and wanted to move forward with their career as a licensed driver. The applicant informed members that they are a personal licence holder under the Licensing Act 2003 and work as a Designated Premises Supervisor.

Members had regard to their Policy which anticipates that an applicant will not have been convicted of a serious motoring offence during the previous five years. Members noted that the applicant had remained conviction free for the period anticipated in the Policy.

Taking into account the Policy, the passage of time since the applicant’s conviction and the applicant’s account that they had learnt their lesson, Members were satisfied that the applicant is a fit and proper person to hold a Combined Hackney Carriage/Private Hire Driver’s licence and delegate authority to the Licensing Department to grant the licence subject to the satisfactory completion of the remainder of the application process.

Members noted that part of being fit and proper is ensuring the safety of the travelling public and therefore members would discourage any drinking of alcohol whilst acting as a BANES licensee, even if that would fall below the legal limit.