Agenda item

To consider an applicant who has been convicted of offences or who has otherwise given reasons for concern.

(This item contains personal information regarding 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 considered a new application for a Horse Drawn Hackney Carriage Driver Licence, JS, who had failed to declare convictions for offences on their application for a new licence.

Mr Ryan Ratcliffe, Licencing Enforcement Officer, presented the case and explained that upon receipt of JS’s application form in November 2021, an enhanced Disclosure and Barring Service certificate had been requested and revealed that JS had three convictions for battery in July 2013, dangerous driving in July 2014 and common assault in May 2016.

Mr Ratcliffe explained that failure to disclose convictions on an application for a licence was contrary to sections 5.7, 6.7, 6.8 and 9.4 of the Hackney Carriage and Private Hire Convictions Policy in relation to violence and dishonesty. As such the Licensing Service recommended that JS’s application for a licence be refused.

JS and a representative appeared before the Sub-Committee to explain the circumstances that had led to the convictions not being disclosed as part of the application process. The Sub-Committee was informed that the application form had been completed on JS’s behalf by their perspective employer whom they had informed of the convictions. However they had failed to include the convictions as they believed that those over five years old did not have to be disclosed. JS’s representative stated that the most recent offence had occurred six years ago and the first offence nine years ago. Since this time JS had improved their behaviour and had applied for a licence in order to provide for their family. It was added that the failure to disclose had been an honest mistake and that JS had not sought to mislead the Licensing Service at any point.

Mr Ratcliffe asked JS if at any point in the application process the individual filling out the form had read any portion of the document to them, highlighting that part four stated “any convictions or cautions must be declared, irrespective of if they could normally be regarded as spent”. JS responded that they had been read parts of the form but could not recall this specific section.

The Sub-Committee informed JS that as a legal document they were legally responsible for the accuracy of its contents and could under certain circumstances be prosecuted for failing to do so.

Ms Sharon Davies, Legal Advisor, asked JS if they had been read the declaration of the application form. JS confirmed that they had and Ms Davies highlighted that point d stated “If no convictions are declared, I can confirm I have never been convicted of any offence and have no pending convictions.” JS also confirmed in response to a query that they had not sought any advice from the Licensing Service while the form was being completed.

The Sub-Committee considered the information that had been provided by both parties and noted that ignorance of the responsibility to disclose convictions was not an acceptable excuse and that the Hackney Carriage and Private Hire Convictions Policy in relation to violence and dishonesty was clear. It was therefore agreed that JS’s application for a new Horse Drawn Hackney Carriage Driver Licence be refused.

Resolved: That JS’s application for a Horse Drawn Hackney Carriage Driver Licence be refused.