L.04/16
Consideration was given to an exempt report
which sought to determine whether an applicant was a ‘fit and
proper’ person to hold a Hackney Carriage Driver Licence with
this Authority in accordance with section 59 of the Local
Government (Miscellaneous Provisions) Act 1976.
The Licensing Specialist introduced the
report. The Applicant was in attendance
at the meeting and was given the opportunity to address the
Committee. Some Members asked questions
of the Applicant and the Licensing Specialist.
(At this point, the Hackney Carriage Driver
was asked to leave the meeting to enable the Committee to make a
decision. The Solicitor remained in the
meeting).
The
Decision
The
Chairman then proceeded to announce the decision as
follows:
Members of the Licensing Committee have
considered very carefully your application for a Hackney Carriage
Driver Licence.
·
We have read the Licensing
Officer’s report, which you have had sight of.
·
We have read the details on the
Disclosure and Barring certificate,
taking into consideration the nature of the offences and when these
were committed.
·
We have listened very carefully
to what you have told us this afternoon and read the references
provided.
·
The main priority of the
licensing regime is to ensure public safety. As this is a civil
matter, the evidence of proof is based on the balance of
probabilities, the onus being on yourself to satisfy the Authority
that you are a ‘fit and proper person’ to continue to
drive a Hackney Carriage or Private Hire Vehicle.
The Committee has decided to REFUSE the
renewal of your Joint Hackney Carriage and Private Hire Driver
Licence. This decision is based on:
·
The information provided on your
Disclosure and Barring Service certificate suggests that you are
not a ‘fit and proper’ person to hold a Hackney
Carriage Driver Licence.
·
This is due to the seriousness
of the offences and the number of offences recorded.
·
The period of time over which
the offences took place.
·
The most recent offence was less
than three years ago with a serious sentence given.