Consideration was
given to an exempt report that sought to determine whether or not
an applicant was a ‘fit and proper person’ to hold a
Hackney Carriage and Private Hire Driver Licence, in accordance
with Sections 51 and 29 of the Local Government (Miscellaneous
Provisions) Act 1976.
The Chairman advised
those present that the agenda item would be considered in the
following running order:
-
Licensing Specialist to introduce the officer
report;
-
Committee Members to ask any questions on the report
and the officer introduction;
-
The applicant and his representative to make their
submissions in support of the driver acquiring a Hackney Carriage
licence;
-
Committee Members to ask any questions on these
representations;
-
The Committee to adjourn to consider the matter in
the presence of the Deputy Monitoring Officer; and
-
The meeting to be reconvened with the Chairman to
read out the Committee decision.
In making their
representations, the applicant and his representative presented to
the meeting a number of supporting submissions. The Chairman briefly adjourned the meeting to
enable Members sufficient time to read the contents of each of
these submissions.
Once all parties in
attendance were content that they had no further questions or
issues to raise, the Committee then adjourned (at 10.15am) in the
presence of the Deputy Monitoring Officer to consider the
matter.
The meeting was
subsequently reconvened at 10.50am and the Chairman proceeded to
read out the Committee decision as follows:
The
Decision
‘Members
of the Licensing Committee have considered very carefully your
application for a Hackney Carriage and Private Hire Driver
Licence.
-
We have read the Licensing
Specialist’s report, which you have had sight
of;
-
We have read the letters that you have
provided today;
-
We have also listened very carefully to
what you and your representative have told us today;
-
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 hold a joint Private Hire and Hackney Carriage drivers
licence / vehicle licence.
The
Committee has decided to GRANT your Joint Hackney Carriage and
Private Hire Driver Licence. This
decision is based on:
-
The fact that you have acted on the
recommendations of the Committee meeting held on 30 September
2019;
-
The fact that you have undertaken the
Council’s Safeguarding and Child Sexual Exploitation training
session on 8 October 2019;
-
You having undertaken Counselling for
your grief;
-
The Committee considering and accepting
the references that you have presented to the Committee
meeting;
-
The Committee accepting that you are
both genuinely remorseful and have given reassurances that it will
not happen again and that you will adhere by the Council’s
Licensing Policy and Code of Conduct;
-
The Committee being satisfied that it
will not be necessary to complete a driving test or local knowledge
test given your previous experience.’