Agenda item

The Sub-Committee considered the report which sought determination of an application by Mr CJC for the grant of a combined hackney carriage/private hire driver’s licence.

Members noted that the application had been deferred at the last meeting of the Sub-Committee on 1st May 2012 when the applicant was unable to attend due to work commitments.  (Members had decided to defer the application to the next meeting of the Licensing Sub Committee on 7^th June on notice that, if he was absent on the next occasion, the application might be determined in his absence).

The applicant Mr CJC was not present and had not provided any reasons for his absence. Members resolved to determine the application in his absence as it had been deferred from the previous meeting and it had been made clear that, if the applicant did not attend this meeting, the application might be determined in his absence. The Sub-Committee also noted that the applicant had not asked for a further deferral.

The Licensing Officer presented the report and stated that as part of the application process a Criminal Records Bureau check was undertaken which had revealed previous convictions.  He circulated the Criminal Records Bureau check and personal statement in respect of Mr CJC.  The officer withdrew from the meeting while Members took some time to consider these documents.

Following an adjournment it was

RESOLVED that a hackney carriage/private hire driver’s licence in respect of Mr CJC.be refused.

Reasons for decision

Members took into account the Human Rights Act 1998 and the Local Government (Miscellaneous Provisions) Act 1976.

Members noted that Mr CJC appeared before the Licensing Sub-Committee on 3 June 2008 as he has previous convictions.  Members resolved, on that occasion, to grant his combined Hackney Carriage and Private Hire Drivers’ Licence as they considered that he was a fit and proper person to hold such a licence.  Mr CJC was licenced between 18 June 2008 and 28 February 2011 when he did not renew his licence.

Members have now had to consider his application as a new driver together with a caution obtained in 2009, for possession of a controlled drug, namely cocaine, which he did not declare during the currency of his previous licence, as required by the Standard Conditions attached to that licence. 

In doing so Members have to consider whether Mr CJC is a fit and proper person to hold such a licence and have therefore had regard to his history as a previous Licence holder, his Criminal Records’ check and statement.

Members were not satisfied that he had taken full responsibility for the caution as he was bound to have suspected who the drugs belonged to  as they appeared to have been left in his car by a regular customer.  Secondly that he admitted that the drugs had been left in full view on the dashboard of the car when he could have been carrying other fares. 

Members considered that he ought to have at least put them away and taken them direct to the Police Station.  Furthermore, he also had the opportunity to give the drugs to the Police when he was stopped for having a defective headlight.

Members considered that he had acted dishonestly and had also not declared that he had obtained a caution during the currency of his previous licence and had therefore acted dishonestly in this regard as well. .

Members asked themselves if they would be happy if their family, friends of loved ones were to travel in a vehicle driven by the applicant.  The answer to this was no and therefore they refused to grant the application as they considered that he was not a fit and proper person to hold a Hackney Carriage/Private Hire Driver's Licence.