Agenda item

(This item contains personal information regarding a Licence Holder which is exempt

from publication by virtue of Paragraph 1 of Part 1 of Schedule 12A of the Local

Government Act 1972)

The Sub-Committee was informed of an applicant and licence holders who had given sufficient cause for concern as to be referred for consideration.

Members discussed the application and referrals as appropriate.

(i) M.C.M (Existing Hackney Carriage Driver)

Mr Lee Petrak, Trading Standards and Licensing Manager, who was in attendance outlined the authority’s case which focused on the driver’s non-declaration of a motoring offence which was discovered by the Licensing Service as part of annual Driver and Vehicle Licensing Agency (DVLA) checks carried out on all licensed drivers.

MCM was in attendance and suggested that there had been some confusion about the time of the offence and when he was formally notified that penalty points had been added to his licence. He added that following a change of address, he had been unaware of the penalty points at the time the checks on his Driver’s Licence were carried out.

The Sub-Committee reasoned that there had possibly been issues with when the driver became aware of the penalty points added to his licence but acknowledged that at no point did he notify the Licensing Service and so had failed in his responsibility as a licensed driver.

Resolved:

1.That a Severe Warning Letter be issued to the Hackney Carriage Driver indicating that in the event that he be brought before the Sub-Committee again for any reason, suspension or revocation of the licence would be the likely outcome.

2.Not to prosecute the driver for failure to declare motoring convictions.

(ii)    P.C.H (Existing Hackney Carriage Driver)

Mr Petrak explained to the Sub-Committee that owing to some unique personal circumstances, the driver had been dealt with administratively and had been issued with a fixed penalty notice and a warning letter in relation to his future conduct.

Resolved: The Sub-Committee noted the action taken and withdrew the referral from the agenda.

(iii)  S.J.K (New applicant)

Mr Petrak informed the Sub-Committee that the applicant had a number of convictions for criminal offences, many of which had involved theft or dishonesty. In addition, the applicant had failed to declare a significant number of those convictions and also some additional motoring offences for which he had received penalty points.

SJK was in attendance and claimed he had not intentionally misled the Licensing Service. He added that he had received advice from currently licensed drivers who told him he did not need to declare all of his historical convictions. Also, the applicant claimed to have held a managerial position without incident for 17 years.

The Sub-Committee were extremely concerned at the number and nature of the applicant’s previous criminal and motoring convictions and his failure to declare them on the application to be licensed. In addition, Members were unconvinced of the reasons provided by SJK for not declaring those offences and his personal views regarding the severity of the offences.

Resolved:

1.To refuse the application for a Private Hire Driver’s Licence on the grounds that the applicant was not a fit and proper person to hold such a licence.

2.Not to prosecute the driver for failure to declare previous convictions.

Background papers: exempt