Agenda item

(This item contains personal information regarding applicants and licence holders which is exempt from publication by virtue of Paragraph 1 of Part 1 of Schedule 12A of the Local Government Act 1972)

The Public Protection Sub-Committee considered Private Hire Driver applicants and Licence Holders who had been convicted of offences or otherwise given reason for concern.

(i)                  I.J.C.

Mr Ratcliffe informed the Sub-Committee that the applicant had four historical convictions, the last of which was from 38 years ago.  However, the offences were especially relevant as they concerned dishonesty.

IJC was in attendance and explained that much had changed in his life since the offences and he regretted that period. He added that he forgot to declare the offences given the large amount of time that had elapsed.

The Sub-Committee reasoned that sufficient time had elapsed since the offences and the applicant appeared to have lived his life without incident in the intervening years. However, some concerns remained about the nature of the offences.

Resolved: To grant the Private Hire Vehicle Driver’s Licence with the addition of a Severe Warning Letter in relation to future conduct, indicating that if the applicant were brought before the Sub-Committee again at any point in the future, then suspension or revocation of the Licence would be the likely outcome.

(ii)                C.R.E.

CRE was in attendance and appealed to the Sub-Committee on the basis that the offences he had committed on several occasions over ten years previously had occurred during a difficult period in his life. Mr Ratcliffe described the offences for possession and intent to supply Class A drugs and the fact that the applicant had served a considerable custodial sentence for those offences.

CRE expressed regret and remorse for his behaviour and described that time as a turning point in his life. Since then, he claimed to have been in steady employment including management positions requiring responsibility and honesty and gave examples of charitable work and caring for relatives he had also undertaken. He also produced various personal references which positively alluded to his character and trustworthiness.

A number of Members expressed significant concerns about departing from the policy given the seriousness of the applicant’s offences. However, the fact that the applicant accepted full responsibility for his actions and did not attempt to excuse his behaviour, combined with the changes he had made in his life and supporting references produced regarding his character, led others to look more favourably on the application.

Resolved: To grant the Private Hire Vehicle Driver’s Licence with the addition of a Severe Warning Letter in relation to future conduct, indicating that if the applicant were brought before the Sub-Committee again at any point in the future, then suspension or revocation of the Licence would be the likely outcome.

NOTE: Councillor Critchley declared a personal interest and left before consideration of the case. She took no part in the subsequent discussion or decision.

(iii)              D.K.

The authority case detailed a recent conviction the applicant had for driving without insurance.

The applicant was in attendance and claimed the offence was the result of an honest mistake whereby he had simply forgotten to renew his vehicle insurance policy and had assumed it would automatically renew as he had not indicated a desire to cancel the policy.

The Sub-Committee agreed that the applicant had demonstrated a lack of organisation in relation to driving without insurance, but reasoned that he had learned from the experience.

Resolved: To grant the Private Hire Vehicle Driver’s Licence with the addition of a Severe Warning Letter in relation to future conduct.

(iv)              G.T.H.

GTH was present and Mr Ratcliffe explained the reasons why he had been brought before the Sub-Committee. Members were informed of an instance of drink driving where the Licence Holder had been stopped outside a casino by the Police and breathalysed though not formally charged. In addition, GTH had some outstanding debts with his employer.

When questioned about whether he had any problem with drinking, gambling or managing his finances, he explained that he had had to deal with anxiety and depression and expressed regret for his actions. He claimed that the incident was a one-off and not habitual behaviour on his part.

The Sub-Committee remained unconvinced by the explanations offered by the driver and questioned his commitment to driving professionally given the short time he had been licensed prior to being stopped on suspicion of drink driving. In addition, some Members questioned GTH’s attitude and apparent failure to grasp the severity of the case against him.

The driver’s conduct had put him in a position where a continuation of his current behaviour would call into question his suitability to act as a licensed driver. Therefore a period of suspension was considered to allow the driver time to reflect and to encourage future compliance.

Resolved:

1. To suspend the Private Hire Vehicle Driver’s Licence for a period of six months, effective immediately, to ensure future compliance.

2. To issue the driver with a Severe Warning Letter in relation to future conduct, indicating that if the applicant were brought before the Sub-Committee again at any point in the future then revocation of the licence would be the likely outcome.

(v)                A.P.M.

Mr Ratcliffe informed the Sub-Committee that as with all licensed drivers, APM was required to submit to a Disclosure and Barring Service check once every three years. In addition, the driver had failed to attend certain required training sessions and the Licensing Service had been unable to make contact with him.

Given the lack of cooperation and failure to attend required training appointments, the Sub-Committee agreed that the driver appeared not to be taking his responsibilities seriously enough. In light of this, Members reasoned that the Licence ought to be suspended until such time as all outstanding requirements had been satisfied and should those requirements not be met after an extended length of time, the Licence would be reviewed again by the Sub-Committee in the future.

Resolved:

To suspend the Private Hire Vehicle Driver’s Licence with immediate effect until such time that all outstanding medical and training requirements had been completed.

Background papers: exempt