Please refer to the non-public report circulated at ‘7’.
Minutes:
The Chairman made introductions and explained the procedure for the hearing which was agreed by all parties.
The Sub Committee considered an existing Private Hire Drivers Licence for the licence holder named in the non-public report for agenda item 7, a copy of which had been circulated to members of the Sub Committee and a copy of which appears as Appendix B to these minutes in the Minute Book..
The Public Health and Protection Manager presented the report and explained that the Licensing Authority was able to consider whether a driver remained a fit and proper person if there were circumstances which raised a concern during the course of an existing licence. He outlined the test of a fit and proper person and the options available to the Sub Committee in determining the case, as detailed in the report.
The Sub Committee was advised that the licence holder named in the report had disclosed a conviction to the Licensing Authority in August 2019, for which he had received a conditional discharge. The conviction related to a breach of a Family Court Order previously issued in August 2018 of which the Licensing Authority was not aware. The Sub Committee was asked to consider whether the licence holder remained a fit and proper person in light of the order and the conviction for breaching the order and the failure to notify the Council of the order and the conviction in accordance with the requirements of Condition 3.1 of the Council’s Policies and Conditions Booklet (Christchurch Zone).
The licence holder attended the hearing and addressed the Sub Committee. He provided more detail about the circumstances leading up to the court order and the conviction. In addition he explained that he had not realised that he needed to notify the Council of an order of this nature, he thought this only applied to convictions. He disputed that he had not reported his conviction within the required timescale and explained that he had notified the Council of this by contacting its customer services team and following this up with email correspondence. He asked the Sub Committee to take these matters into account when determining his case.
The Sub Committee retired to make its decision. During its deliberations the Sub Committee asked to seek clarification from the Public Health and Protection Manager on when the licence holder had informed the Council of the conviction. The hearing was resumed briefly to enable the Public Health and Protection Manager to confirm that he did not dispute the licence holder’s account.
RESOLVED that, having regard to the order and conviction for breaching the order, and having heard representations relating to the circumstances of these, the Sub Committee decided that the holder of the private hire driver licence named in the report remains a fit and proper person.
The Chairman explained that this had been a difficult case for the Sub Committee to determine. The Sub Committee was mindful of the requirement to notify the Council of matters set out in condition 3.1 of the relevant policy and conditions booklet but had accepted the licence holder’s explanation. The licence holder was reminded of the requirement to notify the Council of any such matters should they arise during the remaining course of his existing licence. He was asked to note that should he have cause to appear before a Sub Committee again it may not result in the same outcome.