Minutes:
Members were asked to consider and determine an application for a combined hackney carriage and private hire driver licence, from Applicant- 155176 who had a relevant conviction, meaning he did not meet current Transport Policy.
Applicant - 155176 attended the meeting and was given the opportunity to make representation.
Committee papers and reports had been provided to all relevant parties prior to the meeting.
The report detailed the following:
- a copy of Applicant – 155176’s application, and a copy of a DVLA check code which showed no live DVLA endorsements
- a summary transcript of an interview with Applicant - 155176 and Licensing Officers which was held 7th June 2023.
The Chair introduced everyone present and explained the procedure to be followed during the hearing.
The Committee noted that the application was for the grant of an application for a licence to drive private hire and hackney carriage vehicles.
The Committee heard that the Applicant – 155176’s DBS check confirmed that he had been convicted on 13th April 2012 for the following:-
• ‘Possessing a controlled drug’ (Class A – Heroin)
• ‘Possessing a controlled drug’ (Class A – Cocaine), and
• ‘Possessing a controlled drug’ (Class A – Heroin).
Applicant - 155176 was sentenced to three years imprisonment concurrently for those offences.
Applicant – 155176’s DBS check also confirmed that he was convicted on 14th September 2015 for:-
• ‘Facilitate the acquisition/acquire/possess criminal property’; and
• ‘Possessing controlled drug with intent to Supply’ (Class A Heroin).
The Committee were informed that Applicant - 155176 was sentenced to 44 months imprisonment concurrently and a confiscation order for those offences.
Applicant - 155176 was interviewed by officers on Wednesday 7th June 2023, and asked about the convictions that led to his prison sentences. Applicant - 155176 explained to officers that he was unemployed and struggling for work at the time, had got in with the wrong crowd and began delivering drugs for them.
The Committee were also told that Applicant - 155176 went on to explain to officers that his 2015 offences were a continuation of this, and that when he was released from prison, he owed debt and was under pressure to pay this back, so began delivering drugs again.
The Committee noted that a drugs test was carried out post interview with Applicant - 155176 that tested for six illegal substances. Applicant – 155176 provided a negative sample.
The Committee heard that Applicant - 155176 did not meet the Council’s current Policy as he had more than one conviction for a drugs related offence and he was unable to demonstrate that 10 years had elapsed since the completion of any sentence imposed.
The Committee also heard that Applicant - 155176 had advised officers that he was currently licenced by Redcar & Cleveland Council and worked as a taxi driver for Boro Cars.
The Committee were told that Redcar & Cleveland Council had confirmed that Applicant - 155176 had held a licence with their authority for 21 months following a committee hearing, and that no complaints had been made against him to them during this time.
Applicant - 155176 explained to the Committee that his motivation for applying to be licenced by Stockton-on-Tees Borough Council was financial; doing so would reduce his fuel costs and maximise profit as he would not be required to travel to Redcar and back for work.
In response to the Committee’s questioning in relation to the likelihood of Applicant – 155176 re-offending, Applicant - 155176 explained that his circumstances were now completely different. Applicant - 155176 told the Committee that he now had two forms of income and no longer associated with the kind of people that he did before. Applicant - 155176 said that his offending was due to unemployment, and that he was in a different position now.
Applicant - 155176 told the Committee that he did not know any better at the time, he was approached to deliver drugs for cash, and he did not give much thought to it.
When Applicant - 155176 was asked if he had ever taken drugs in the past, Applicant - 155176 said that he had not, however when questioned further on this point, Applicant - 155176 admitted that he had taken cannabis in the past as part of a group but denied ever taking cocaine or heroin.
The Committee was given an opportunity to ask questions of Applicant - 155176, with Applicant - 155176 speaking last. In summing up, Applicant - 155176 stated that he had already held a licence for 21 months with Redcar & Cleveland Council and there had been no complaints made against him.
Members had regard to the Committee papers, which had been circulated prior to the hearing and presented to them, in addition to the oral submissions made by the applicant in response to the Committee’s questions.
Having carefully considered the written application and documentation before them and in reaching their decision, the Members had regard to the provisions of the Local Government (Miscellaneous Provisions) Act 1976. The Committee also had regard to the Council’s Private Hire and Hackney Carriage Licensing Policy 2021 – 2026 (“the Policy”).
Under section 51 Local Government (Miscellaneous Provisions) Act 1976, the Committee shall not grant a driver’s licence unless they are satisfied that the driver is a fit and proper person. When determining this matter, the Committee considered this application on its merits.
The Committee considered Appendix D of the Policy, specifically the provisions that a licence will not be granted until at least 10 years have elapsed since the completion of any sentence imposed for drugs related offences, and that a licence will normally be refused if an applicant has more than one conviction for drugs related offences.
The Committee noted that ten years had not elapsed since Applicant – 155176’s convictions for drug related offences in 2015, plus Applicant - 155176 had two convictions for drug related offences in total. The Committee accepted that Applicant- 155176 did not meet the Council’s Policy.
The Committee further noted that the fact that Redcar & Cleveland Council’s Licensing Committee decided to grant Applicant - 155176 a licence this had no bearing on Stockton-on-Tees Borough Council. Both authorities made their own decisions based upon on the information presented to them and the merits of each individual case. The Committee also appreciated that both authorities had their own individual licensing policies in relation to such applications.
The Committee noted that no character references were provided by anyone in support of Applicant – 155176’s application.
The Committee took into consideration that despite admitting that he had made mistakes for which he was sentenced to prison, Applicant - 155176 appeared to minimise his past offending behaviour and was disingenuous in relation to his own use of drugs until questioned further by the Committee.
The Committee were not satisfied that they would allow people for whom they care to enter a vehicle with the Applicant – 155176 alone due to their doubts surrounding his two previous convictions for drugs offences, along with his attitude towards the Committee at the hearing.
Ultimately, the Committee did not believe that Applicant - 155176 was a fit and proper person to hold a combined hackney carriage and private hire vehicle drivers licence owing to his two previous convictions for drugs offences, along with his attitude towards the Committee at the hearing when questioned about his own drug use. The Committee were unanimously satisfied that Applicant – 155176’s application should therefore be refused.
RESOLVED that Applicant – 155176's, application for a Combined Hackney Carriage and Private Hire Drivers Licence be refused for the reasons as detailed above.