Agenda item

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

The Sub-Committee considered an application from DSC who had applied for a Private Hire driver licence on 23 April 2022 and who had been convicted of offences or had otherwise given reasons for concern.

Mr Lee Petrak, Trading Standards and Licensing Manger, presented the case and explained that the Disclosure and Barring Service (DBS) certificate submitted with DSC’s application revealed four convictions for five separate offences between October 1982 and May 2019 including assault, theft and GBH. In addition, a DVLA check completed as part of the application process revealed that DSC had been convicted of an IN10 (using a vehicle uninsured against third party risks) in 2020 following which they had received 6 penalty points on their DVLA driving licence.

Mr Petrak acknowledged that the majority of the offences were of a historical nature but highlighted that the final conviction for assault was in May 2019 and that a serious view should be taken of the conviction for driving without insurance. Referring to Blackpool Council’s Hackney Carriage and Private Hire Convictions Policy he urged the Sub-Committee to give careful consideration to DSC’s fitness and propriety to drive given their overall conviction history and more recent motoring offence and recommended that the application was refused.

DSC appeared before the Sub-Committee accompanied by their legal representative Mr Gerry Coyle who explained the circumstances of the most recent conviction in May 2019 which related to a domestic incident which had taken place in December 2018 following an argument with DSC’s spouse over their addiction problems. Although it was accepted that DSC had struck out, Mr Coyle indicated that this was in self-defence and explained that the delay between offence and conviction was due to DSC’s spouse passing away and DSC subsequently being admitted to hospital with a breakdown.

In regards to the conviction of driving without insurance, Mr Coyle presented a letter from DSC’s insurance company which explained that DSC’s policy had been cancelled as DSC had been uncontactable when the policy had come up for renewal. This had been due to DSC being in hospital at that time and upon their discharge from hospital DSC had driven their vehicle on the mistaken assumption that the policy had been auto-renewed, for which they were apologetic.

Letters were presented to the Sub-Committee endorsing DSC’s character including from the church they attended and from C Cabs, who had offered employment to DSC if the licence was granted. Mr Coyle acknowledged DSC’s historical convictions however assured members that they had now overcome a difficult period and were eager to move on with their life with the support of family and friends. Addressing the Sub-Committee directly DSC explained that they had previously worked as a taxi driver approximately 20 years ago during which time they had an unblemished record and wanted to return to employment and contribute to society rather than be reliant on benefits.

Members carefully considered the information presented by all parties. They noted that DSC had a number of criminal convictions however acknowledged that most were of a historical nature and noted the mitigating circumstances of the conviction of driving without insurance. Referring to the Hackney Carriage and Private Hire Convictions Policy the Sub-Committee noted that the last criminal conviction had been delayed going to trial and that more than three years had now passed since that offence. It therefore agreed on balance to grant the licence but to issue a strict warning letter that in the event of any future incident the licence may be suspended or revoked.

Resolved: That DSC’s Private Hire Driver Licence be granted with a strict warning letter that in the event of any future misconduct the licence may be suspended or revoked.