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 Sub-Committee was informed of applicants and existing drivers who had given sufficient cause for concern as to be referred to the Sub-Committee for consideration.

Members discussed the applications and referrals as appropriate.

(i)                  G.J.R. (New Applicant)

GJR was in attendance and made representations to the Sub-Committee. He explained that in relation to the offences he had committed which had involved dishonesty or violence in some cases, they had occurred during difficult periods in his life. He added that he now had a family and had held positions of responsibility without issue for many years. He also presented two character references to the Sub-Committee.

Members reasoned that the number and nature of offences committed by the applicant were unfortunate and this was compounded by a relative lack of explanation regarding the details of some of those offences. However, the applicant had shown maturity and remorse for his actions and seemed to present himself as someone that that learned from previous mistakes.

Resolved:

To grant the Private Hire Driver Licence with the addition of a warning letter in relation to future conduct indicating that if GJR were brought before the Sub-Committee again in the future for any reason, then serious action would likely be taken.

(ii)                S.B. (New Applicant)

Mr Ratcliffe presented the case on behalf of the authority. He informed Members that the applicant had a significant number of convictions for numerous offences committed during a seven year period, some for dishonesty, with the last having occurred over 25 years ago.

SB was in attendance and made representations to the Sub-Committee. He admitted that he had made many mistakes as a younger man and regretted much about that period of his life. He claimed he had changed many aspects of his life since and had managed numerous businesses, worked with a wide variety of people, managed significant sums of money and had a family to provide for.

The Sub-Committee expressed concern about the number and nature of the offences committed by the applicant. However, all of the convictions were historical and members reasoned the applicant had displayed remorse and made every effort to change as a person in the ensuing years.

Resolved:

To grant the Private Hire Driver Licence.

(iii)              S.R.P. (New Applicant)

The applicant explained to the Sub-Committee that the various motoring offences including one for drink-driving, detailed in the authority’s case were unfortunate and regrettable and added that one of the offences at least was not actually a motoring offence per se. In response to a question from the Sub-Committee, SRP claimed to no longer drink alcohol and had no further, more recent convictions of any sort.

The Sub-Committee reasoned that the offences were historical and accepted the applicant had made some poor choices. However, Members concerns were largely alleviated by the explanations he provided and the remorse demonstrated.

Resolved:

To grant the Private Hire Driver Licence.

(iv)              S.B.S. (Private Hire Driver)

Mr Ratcliffe informed the Sub-Committee that the driver had a conviction for battery which he had failed to declare previously when re-applying for his licence upon its expiry.

SBS described the circumstances surrounding the offence and apologised for his part in it. He suggested that a drunken argument with his wife had led to a physical altercation. He added that his wife had not pursued the matter and when his case went to court, upon the advice of his solicitor he had pleaded guilty. SBS explained that he was still with his wife and no other incidents had taken place before or since. With regard to non-declaration of the offence, SBS explained that this related to an application in 2017 and was due to a misunderstanding based on legal advice he claimed he had received.

Members expressed concerns over the incident and whether the driver had been involved in domestic violence or merely a drunken argument which had gotten out of hand. Members were generally satisfied with the explanations given by the driver and the level of remorse demonstrated.

Resolved:

1.      To issue a warning letter in relation to future conduct indicating that if the driver were brought before the Sub-Committee again in the future for any reason, then suspension or revocation of the Licence would be the likely outcome.

2.      To not prosecute for non-declaration of offences on an application to be licensed.

(v)                A.L.D. (Hackney Carriage Driver)

The Sub-Committee was informed that the driver’s case was linked to the Vehicle Licence holder P.M.H. at agenda item 7.

With regards to the maintenance issues identified with the vehicle operated by PMH and driven by ALD, the driver claimed that he performed regular checks but admitted that his overall mechanical knowledge was limited and as such, he had not picked up many of the faults detailed in the report.

The Sub-Committee were concerned at the driver’s lack of mechanical knowledge and equally by his attitude which seemed to suggest he did not take his responsibilities seriously enough. In addition, the driver had some recent motoring convictions.

Resolved:

To issue the Hackney Carriage Driver with a warning letter indicating that if he were brought before the Sub-Committee again in the future, then suspension or revocation of the Licence would be the likely outcome.

Background papers: exempt