The Assistant Director of Development and Planning Services submitted an exempt report in connection with an Application for a Combined Hackney Carriage and Private Hire Vehicle Driver Licence, Ref: 34/14, where circumstances had arisen which required special consideration by the Committee.
The Chair introduced those present and outlined the procedure to be followed. The driver who was in attendance at the meeting, verified his name and current address and confirmed that he had received a copy of the report.
The Principal Licensing Officer presented the report setting out the circumstances of the case in relation to the offences detailed at 1) to 3) in the submitted report.
The applicant confirmed that the report was an accurate representation of the facts and was invited to address the Committee.
The applicant addressed the Committee and responded to questions from Members of the Committee.
It was confirmed that there were no further questions and the driver and officers of the Council, other than representatives of the Council's Legal Services and Members' Office, withdrew whilst the Committee determined the application.
Subsequently all interested parties returned and the Chair announced the Committee's decision.
ORDERED that the application for a Combined Hackney Carriage/ Private Hire Vehicle Driver Licence Ref: 34/14 be refused as the Committee did not consider the applicant to be a fit and proper person to hold a Combined Hackney Carriage/ Private Hire Vehicle Driver Licence for the following reasons:-
Members had taken into consideration the information contained in the report and the representations from the applicant. The Committee noted that on 21 November 2012, the applicant had been convicted of an offence of using threatening words or behaviour to cause fear or provocation of violence for which he received a sentence of a community order with supervision requirement. The applicant had advised Members that the offence was against a Police Officer, and although the applicant had pleaded not guilty at court, he was found guilty of the offence.
According to the information before the Committee, the Community Order issued by the Court had ended on 2 January 2014. The Council's Guidance on Convictions state that where an applicant has committed a violent offence similar in nature to the offence committed by the applicant, an application will normally be refused or a licence revoked unless a period of at least 1 - 3 years, free from conviction has elapsed since the date of the conviction or completion of any sentence imposed, whichever is the later.
The applicant had also committed a further offence on 24 February 2014, following the completion of the Community Order sentence, which involved him being drunk and disorderly. The applicant had to be removed from the scene of the offence by a Police Officer.
The Committee did not consider that a sufficient incident free period had elapsed and therefore decided to refuse the licence.
The applicant was reminded of his Right of Appeal to the Magistrates Court within 21 days.