Agenda item

Report ENV912 from the Licensing Officer.

Decision

The Committee decided to depart from its policy in this instance bearing in mind the very specific domestic circumstances of the offence and the support and character references that the driver provided.

The Committee decided that the driver was a fit and proper person to hold a dual, Hackney Carriage and Private Hire Driver’s licence.

The Committee issued a warning to the driver in respect of their future behaviour.

The Chairman of the Committee introduced those present and confirmed the name of the driver present who was accompanied by their daughter.

The Licensing Officer present exempt report ENV912 which concerned whether a driver remained a fit and proper person to hold a Dual Hackney Carriage and Private Hire Drivers Licence having failed to meet the requirements of the Hackney Carriage and Private Hire Licensing Policy regarding convictions.

The Licensing Officer referred the Committee to Appendix 1 of the report and the press article that the Licensing Team had been altered to.  On checking records the Licensing Team found that the person mentioned was a licensed taxi driver with South Kesteven District Council.  The online service DBS check for the driver was completed at the beginning of August but showed no change in status.  A check made later in the month stated that the certificate was no longer current and a new DBS check was required.

A disclose request of the offence was made to the Police.  The Police had not informed the Licensing Authority of the offence as it was not deemed as a significant risk to members of the public. The Police had previously confirmed that offences and allegations must be relevant and transferable to the workplace and that domestic incidents were not deemed transferrable unless the parties involved worked together and could carry on the potential risk whilst in the workplace and therefore put others at risk from their actions.

It was considered that based on the details of the incident and court notes published within the press, along with the fact that the Police had not deemed the incident as high risk, the driver was not a risk to the public and the matter could be referred to the Licensing Committee for determination.

Members were referred to the number of character references appended to the report at Appendix 2 together with the supplementary papers circulated.  Previous enforcement related to the driver was shown at paragraph 3.3.

The driver had not made any report to the Licensing Authority about the charge or conviction as required by the Hackney Carriage and Private Hire Licensing Policy. The Committee were referred to Part 3 Convictions and Appendix D – Convictions Policy of the policy, these were reproduced within the report at paragraphs 3.4 – 3.5.

It was for the Committee to determine whether the driver remained a fit and proper person to hold a licence.

The driver then made their representation and spoke about the circumstances which led to the incident and the affect that it had made on their mental health. The driver acknowledged the severity of what they did and that it was wrong. The driver referred to the character references that had been received and that they lived for their work and gave 110% to the job.  Due to the incident the driver had sought therapy and continued to undertake counselling. The driver had not been aware that they should notify the Licensing Team about the conviction and charge at that point, according to the application form that he had looked at they needed to refer to the conviction when they reapplied.  The driver stated that they were a caring and honest driver and helped customers however they could.

Members then questioned the driver about various aspects of their representation to which the driver responded.

The Licensing Officer then gave her closing statement reminding the Committee that they must have regard to all relevant policies including:

·       Any representation that the driver gives in his defence

·       The Council’s Hackney Carriage and Private Hire Licensing Policy

·       The Department of Transport Standards and relevant guidance.

The driver stated that he had tried to do a DBS check but could only access a basic check.  Depending upon what the decision of the Committee was, the Licensing Officer stated that they would discuss this with the driver outside the meeting.

(11:55 the Licensing Officers, driver and daughter left the meeting)

Members discussed the issue before them having regard to all the relevant policies and guidance together with the representations made and the response from the Police in respect of the incident.  Members felt that the issue before them was unique. Members discussed the options available to them but felt that neither revocation or suspension were appropriate in the circumstances. Further discussion followed and it was proposed that a warning be issued with a recommendation that the driver continue to have therapy.  On being put to the vote the proposal was unanimously agreed.

(12:10 the Licensing Officers, driver and daughter returned to the meeting)

The Legal Advisor read out the Committee’s decision.

The Licensing Committee considered the report provided by the Licensing Officer.

The Committee had noted the circumstances of the offence – details provided by the driver, court press articles and also Lincolnshire Police. The Committee also noted the letters and comments of support and character references that have been provided for the driver. The driver explained they believed from reading a new application form that they had to notify the council when they reapplied for their licence. The driver also noted that neither the Police or court advised the driver that they must notify the council.

The Committee had decided to depart from its policy in this instance bearing in mind the very specific domestic circumstances of the offence and the support and character references that the driver provided. The Committee decided that the driver is a fit and proper person to hold a licence.

The Committee therefore decided that the driver should receive a warning to their future behaviour, but their Dual Hackney Carriage and Private Hire Drivers Licence should remain. The Committee strongly recommended that the driver continue with their therapy.

The driver thanked the Committee for their decision.