Agenda item

Hackney Carriage Driver Application

Report from the Licensing Officer.

Minutes:

The meeting was adjourned between 10:05am – 10:10am to enable Members of the Committee to read letters of reference that the applicant had brought with him.

 

Decision:

 

To grant a Hackney Carriage Drivers licence for one year, subject to no offences occurring during this period, the licence to be extended to the full three years.

 

The Legal Advisor introduced those present and confirmed the name of the applicant.

 

The Licensing Officer then submitted report ENV733 which concerned an application for a Hackney Carriage Drivers Licence.  The applicant’s application had been before the Committee in October 2017.  The applicant at the time had been out of the Country so had not attended the Committee. The Committee had determined the application in the applicant’s absence in February 2019 and had decided that at that time the applicant was not a fit and proper person to hold a hackney carriage licence with South Kesteven District Council.     

 

The applicant submitted a new application in June 2019. When he answered question 7 (Have you ever had a hackney carriage or private hire driving licence refused/suspended or revoked by this or any other Authority), the applicant had responded “No”.   A new DBS was received from the applicant which did not show any new convictions.  The applicant was notified that his application would be presented to the Licensing Committee for determination.  

 

The applicant when asked if he had any comments on the what the Licensing Officer had stated, responded that he had mis read the question, he thought it had referred to other authorities, not South Kesteven District Council.

 

The applicant then made his representation. He stated that yes, he had been “naughty” in his younger days, but he was remorseful for it, he was really sorry and wanted the opportunity to have a hackney carriage licence.

 

The Licensing Officer then gave his closing statement. Members were asked to consider the report; background papers and the papers circulate at the meeting and decide whether to:

 

-        Issue a licence to drive a hackney carriage, or

-        Refuse to issue a licence to drive a hackney carriage on the grounds that the applicant was not a fit and proper person to hold such a licence under section 59 (1) of the Local Government (Miscellaneous Provisions) Act 1976.

 

(10:15am the Licensing Officer, Technical Support Officer and Applicant left the meeting)

 

Members considered the application before them having regard to the contents of the report and the reference letters circulated by the applicant at the meeting together with all relevant guidance and policies.   The Legal Advisor referred to all the convictions listed and confirmed that they had expired in relation to the Council’s policy.  Members felt that the applicant had made a serious effort to turn his life round and seemed genuinely repentant for his previous bad behaviour.   It was proposed, seconded and unanimously agreed to grant him a hackney carriage licence for one-year subject to no offences being committed during this time.

 

(10:24am Licensing Officer, Technical Support Officer and Applicant returned to the meeting).

 

The Legal Advisor read out the Committee’s decision.  The Committee had considered the report, the representation made, the papers that had been circulated, policy, legislation and guidance.  The Committee had looked very carefully at the application before them and the very bad record that the applicant had in the past.   However, the Committee felt that he had turned a corner and the references circulated had been very good. The Committee had decided to issue a hackney carriage licence for one year but they wished to see a clean record during this year, with no speeding or any other type of conviction.  The Licensing Officer would inform the applicant of the details.

 

The applicant thanked the Committee very much for their decision.

Supporting documents: