Agenda item

Confidential report of the Executive Director for Place to consider whether the applicant is a fit and proper person to hold a Private Hire Driver’s Licence.

The Sub-Committee has considered very carefully the report of the Executive Director – Place, all of the supporting evidence received prior to the hearing and all of the evidence presented today by the Senior Licensing Officer,the Applicant and his interpreter.

The Sub-Committee has given due regard to the Local Government (Miscellaneous Provisions) Act 1976 “the Act” and the guidelines relating to the application of the “fit and proper person” test and other considerations of character. The Human Rights Act, the Crime and Disorder Act,1998 and the Equality Act 2010, have been borne in mind whilst making the decision.

The Sub Committee considered the Human Rights Act 1998 during its deliberation and on legal advice, accepted that personal circumstances, including financial implications, could not be taken into account.

The Licensing Enforcement Officer, his witness Licensing Manager Phil Bates the Applicant, his interpreter and witness were present and, with the consent of the Chair, addressed the meeting.

The Sub-Committee considered the decision in private session in order to receive legal advice when determining issues.

RESOLVED that the Applicant is not a fit and proper person in accordance with the Local Government (Miscellaneous Provisions) Act 1976 “the Act” and refuse to grant a Private Hire Driver’s Licence. 

REASONS

The Sub-Committee has considered very carefully the report of the Executive Director – Place, all of the supporting evidence received prior to the hearing and all of the evidence presented today by the Licensing Officer.

The Sub-Committee also heard from the Licensing Officer involved in this matter. The Licensing Officer set out the following details –

The Applicant faced serious allegations relating to drugs and an offensive weapon. He chose not to respond to either the Licensing Authority or the police when questioned

There were inconsistencies in the explanations he had given at different times including at the meeting today.

The Applicant attended and answered questions and made representations through his interpreter.

The Sub-Committee was not satisfied with the account given regarding the drugs allegations and although the Applicant stated after testing there were no drugs, no evidence of that was brought to the meeting. This was not true as far as the Tramadol was concerned in any event. The amount of Tramadol was a concern and the explanation for this was not found to be plausible by the Sub-Committee.

The Sub-Committee was very concerned about the knife in the vehicle. It was placed in easy reach for the driver, and it was a worry that the Applicant stated he did not know it was wrong.

Even if the Applicant’s explanations were accepted it demonstrated a lack of care in not clearing his vehicle after a shift and lost property potentially not being located.

The Sub-Committee believed that the Applicant had provided inconsistent accounts and explanations for the allegations at various times and chose to provide no response to either the police or the Licensing Authority in the immediate aftermath.

The Sub-Committee also considered the Taxi Licensing Policy and in particular the Guidance on Determining the Suitability of Applicants in the Hackney Carriage and Private Hire Trades.

In particular the Sub-Committee was directed to paragraphs 10 and 12 of the guidance which states:

10. In determining safety and suitability the licensing authority is entitled to take into account all matters concerning that applicant or licensee. They are not simply concerned with that person’s behaviour whilst working in the hackney carriage or private hire trade. This consideration is far wider than simply criminal convictions or other evidence of unacceptable behaviour, and the entire character of the individual will be considered. This can include, but is not limited to, the individual’s attitude and temperament.

12. It is important to recognise that matters which have not resulted in a criminal conviction (whether that is the result of an acquittal, a conviction being quashed, decision not to prosecute or an investigation which is continuing where the individual has been bailed) can and will be taken into account by the licensing authority. In addition, complaints where there was no police involvement will also be considered. Within this document, any reference to “conviction" will also include matters that amount to criminal behaviour, but which have not resulted in a conviction. However appropriate weight must be applied to the evidence available. 

The Sub-Committee considered all the facts in detail and decided that the Applicant was not a fit and proper person to hold a private hire driver’s licence in accordance with the Act and that his application should be refused. 

There is a statutory right of appeal against this decision to the Magistrates’ Court. Formal notification of the decision will set out that right in full.