Agenda item

The Chair invited Elaine Moreton, Section Leader, Licensing, and the Applicant (AR) into the Hearing. AR was accompanied by his Solicitor Ms Natasha Bournes. The Chair led round-table introductions and outlined the procedure to be followed.

The Section Leader, Licensing, outlined the report regarding an application for a Private Hire Vehicle Driver’s Licence, which had been circulated to all parties in advance of the meeting. The matter had been referred to the Sub-Committee by an authorised employee of the council for further consideration to be given as to whether AR was a fit and proper person to hold a Private Hire Vehicle Driver’s Licence due to the information outlined in the report. AR confirmed that the information contained within the report was accurate.

All parties were invited to question the Section Leader on the report.

Sarah Hardwick, Senior Solicitor, questioned page 55 of the report and the Section Leader confirmed that 5.1.12(a) had been written in error and should state 5.1.12(b).

The Chair invited AR to make representations.

Ms Natasha Bournes made representations on behalf of her client. She stated that his offences were committed a long time ago and he had not committed any further offences for nine years. She detailed the situations that had led to his convictions and discussed how he had complied fully with the punishments imposed. She discussed his current personal circumstances and the steps he had taken to turn his life around.

Ms Bournes requested that the Sub-Committee receive a letter from her client’s GP confirming his forthcoming appointment for an anger management assessment. The Sub-Committee agreed to the request (copy filed with these minutes).

All parties were invited to question AR and Ms Bourne on the submission.

In response to questions from the Sub-Committee, Section Leader and Solicitor, AR detailed the situations that had led to his convictions, elaborated on his current personal circumstances and gave further details regarding his forthcoming anger management assessment.

The Chair invited AR to make a final statement.  Ms Bourne had nothing further to add.

AR, Ms Bourne and the Section Leader left the room to allow the Sub-Committee to determine the matter.

The Chair invited all parties to return.

The Chair detailed the decision of the Sub-Committee.

Resolved:

As part of the application process AR was subject to a DBS Criminal Record check. This revealed repeat major traffic and other violent offences that were relevant for the purpose of the Council Guidelines relating to the Relevance of Convictions and Breaches of Licence Conditions (The Guidelines). Convictions of violence related to criminal damage on 23 August 2001 and conduct which amounted to harassment on 7 May 2013.

Based upon the Applicant’s account of circumstances surrounding the harassment in 2013, the Licensing Sub-Committee were satisfied that this had not resulted in violence and therefore would disregard this for the purpose of the violence guideline. Therefore, the relevant Guideline for the purpose of decision making was 5.1.3 (b) which provided a licence would not be granted until 17 November 2022.

Having considered all the evidence presented at the Hearing, both written and oral, the Sub-Committee resolved to depart from the guidelines and grant AR a Private Hire Vehicle Driver’s Licence for a period of 12 months subject to the following:

• That the Applicant completes an Anger Management Course at his own expense;
• That the Applicant attends a Licensing Review Hearing after six months which would review the Applicant’s conduct and driving record to determine whether there was any reason that the licence should not continue.

Granting of the licence was also subject to AR passing the knowledge test, a satisfactory medical, and producing documentation of his immigration status/ right to work in the UK.

The Applicant’s right of Appeal against the imposition of the Conditions was clearly stated.