Please refer to the non-public report circulated at ‘5’
Minutes:
The Chairman made introductions and explained the procedure for the Hearing.
The Sub-Committee considered an application for a Private Hire Drivers Licence in the Christchurch Zone, from the person named in the non-public report for agenda item 5.
The Licensing Manager presented a report, a copy of which had been circulated to each Member and a copy of which appears as an Appendix to these Minutes in the Minute Book.
The Licensing Manager informed the Sub-Committee that the Applicant had disclosed convictions and had previously held a licence that was revoked by New Forest District Council. A recent Disclosure and Barring Certificate showed two convictions had been issued and one caution, these were:-
a) Driving a motor vehicle with excess alcohol on 8 October 2008,
b) Battery on 28 July 2012; and
c) Assault occasioning actual bodily harm on 13 August 2010.
The Applicant had had his licence revoked by New Forest District Council due to complaints about his behaviour and his attitude towards female passengers, his rudeness towards passengers and his unacceptable behaviour to the Council Mechanic and Licensing Manager.
The Sub-Committee was asked whether in light of the disclosures and previous revocation and, having heard from the Applicant, to consider whether or not the Applicant was a ‘fit and proper’ person to hold a Private Hire Drivers Licence.
The Licensing Manager outlined the test of a ‘fit and proper’ person and highlighted relevant guidance published by the Institute of Licensing in April 2018 and the options available to the Sub-Committee in determining the case; as detailed in the report.
The Applicant attended the Hearing and addressed the Sub-Committee. The Applicant provided more details regarding the personal circumstances around the two convictions and caution, along with the events that had led to New Forest District Council revoking his Public Carriage Licence. He confirmed that he did not appeal the decision to revoke his Licence.
To support his application, the Applicant advised that he had recently undertaken a two day BTEC course at Brockenhurst College in relation to Taxi Driving and was waiting to hear if he had passed the examination.
The Applicant advised that the course had given him further incite in how to deal with difficult customers and situations. The Applicant accepted that he could have dealt with many of the highlighted incidents in a better way.
Members of the Sub-Committee asked various questions of all parties present at the Hearing.
All parties were given the opportunity to sum up before the Sub-Committee retired to make its decision.
The Sub-Committee adjourned at 10:43 to make its deliberations in private. The Sub-Committee reconvened at 11:20am to give its decision.
RESOLVED that:-
The Licensing Sub-Committee, having considered the written report and verbal submissions of the Licensing Manager, and the verbal representations of the Applicant, has determined that the Applicant is not a ‘fit and proper’ person to hold a private hire driving licence and therefore should not be allowed to continue with the application process to become a licenced driver.
Reasons for the Decision
The Sub-Committee considered the three previous convictions detailed on the DBS and the Applicant’s explanation for them, and noted when considering an application for a Private Hire Drivers Licence, that convictions are never spent and will always need to be considered by the Council.
It became clear during the hearing that the Applicant has difficulty in managing his own emotional state and the Sub-Committee has no confidence that he will be able to behave appropriately when faced with challenging situations, which are common to the role of a Private Hire Driver.
The Sub-Committee noted that the convictions were a number of years ago, but it has also taken into account the behaviour displayed whilst holding a licence issued by New Forest District Council. This Licence has since been revoked on the 29/11/18. The Sub-Committee is concerned that he appears to not take responsibility for the previous incidents and appears quick to apportion blame to another person.
The Sub-Committee has taken into account the guidance issued by the Institute of Licensing, which confirms that the function of licensing and therefore the Council, is to protect the public, and any bar set when considering an applicant should be at the highest level. The Licensing process places a duty on the Council to determine the suitability of any applicant and it has determined that the Applicant is not suitable to be a Private Hire Driver
Right of Appeal
The Legal Advisor reported that all parties to the application have the right to Appeal to the Magistrates Court within the period of 21 days beginning with the day on which the Applicant is notified by the Licensing Authority of the decision in writing.