The Chair invited Elaine Moreton, Section Leader (Licensing) and the Applicant (AH) into the Hearing, made introductions and outlined the procedure to be followed.

The Section Leader (Licensing), outlined the report regarding an application for a Private Hire Driver Licence, which had been circulated to all parties in advance of the meeting.  The matter had been referred to the Sub-Committee in accordance with Guidelines Relating to Relevance of Convictions and Breaches of Licence Conditions, specifically paragraph 5.1.10(b).

All parties were invited to question the Section Leader (Licensing) on the report.  No questions were asked.

AH confirmed that the information contained within the report was accurate.

AH said that the relevant conviction related to him working whilst receiving benefits.  He had been on a zero hours contract so he sometimes worked and sometimes didn’t.  He had sought advice regarding benefits from his employer and he had been contacted by the Job Centre and sent them his payslips.  He then got a knock on the door which resulted in him appearing in Court and pleading guilty to benefit fraud.  He had misunderstood the offences and had thought that he was pleading guilty to one charge rather than two.  However, he accepted that the convictions were his own fault.  He had been working his first job since leaving college and he had failed to research his entitlements properly.

AH’s personal circumstances had changed considerably since the convictions.  He was now a father to a child with Down Syndrome and a hole in the heart.  Driving a taxi would be the ideal work to allow him to visit the hospital.

AH circulated references to the Sub-Committee and stated that he was a reformed character.

All parties were invited to question the Applicant on his submission.

In response to questions from the Sub-Committee, AH stated the following:

·     He had been signing on for Job Seekers Allowance (JSA) on a fortnightly basis and had tried to seek advice in relation to what he was entitled to and how to notify them about the varied hours he was working on a zero hours contract but the staff member that he was allocated to was never there to help him;

·     He was interviewed under caution for a total benefits overpayment of between £1000 and £2000.   That included both JSA and Housing Benefit;

·     He had not received a letter notifying him of his Court date, leading to him failing to attend and receiving a warrant

In response to a question from the Section Leader (Licensing), AH stated that he had lived at his current address since 2011 and had not received any paperwork to inform him of his Court date.

AH made a closing statement.  He apologised for his errors and, although miscommunication played a part, he accepted that the convictions were his own fault.  A PHVD would allow him to work around the needs of his daughter.

AH and the Section Leader (Licensing) left the room to allow the Sub-Committee to determine the matter.

The Chair invited AH and the Section Leader (Licensing) back into the Hearing.

The Chair detailed the decision of the Sub-Committee, which was read out in full by J. Bramley, Senior Solicitor.

Resolved

          That, having considered all the evidence presented at the Hearing, both written and oral, the Sub-Committee agree to grant a Private Hire Vehicle Driver’s Licence for a period of 12 months.  The Licence is subject to AH passing the knowledge test and a satisfactory medical, if he hasen’t already done so.  The Licence is also subject to review by Licensing Services in six months time.

The Applicant has a right of appeal, against the decision of the Sub-Committee, to the Magistrates’ Court within 21 days of receipt of this decision.

The Senior Solicitor detailed the appeals process as well as the costs and potential costs to the Applicant.

AH and the Section Leader (Licensing) left the room.