Agenda item

Members were asked to consider a Private Hire Driver application from Applicant – 143184 who was previously refused by this authority in 2017 and had relevant. convictions which meant he currently did not meet Transport Policy.

Applicant - 143184 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 – 143184’s application which contained a DVLA check code, showing no live endorsements.

- A copy of a refusal letter to Applicant – 143184 in 2017.

- A copy of a summary transcript of an interview with Applicant – 143184 and Licensing Officers.

The Chair introduced everyone present and explained the procedure to be followed during the hearing.

Members of the Council’s General Licensing Committee considered the above matter, full details of which appeared before the Members in their agenda and background papers.

The Committee understood that the matter before them was to determine an application for a private hire vehicle drivers licence as detailed in the Committee report.

The Committee heard that Applicant – 143184 had previously applied to the Council for a licence on the 18th January 2017, which was refused due to two convictions for possession of drugs. The Committee were told that Applicant – 143184’s historical convictions from that time as detailed in the refusal letter now complied with the requirements of the Council’s Private Hire and Hackney Carriage Licensing Policy 2021 – 2026 (“the Policy”).

The Committee heard that Applicant – 143184’s two previous convictions for possession of a class A drug, cocaine, on 1st September 2011 and 6th June 2012 did not meet the requirements of the Policy, which stated that a licence would normally be refused if an applicant had more than one conviction for drugs related offences.

The Committee were told that when interviewed by licensing officers on 16th September 2024, and asked about these convictions, Applicant – 143184 said that in relation to the conviction when he was found to be in possession of cocaine on 1st September 2011, he was stopped by police on Durham Road, and stated that an acquaintance had given him the cocaine to try. 

The Committee were also advised that in relation to the conviction for possession of cocaine on 6th June 2012, Applicant – 143184 had advised officers that the circumstances were that he was removed from a premises due to his argumentative behaviour, and subsequently arrested for being drunk and disorderly. The Committee were told that Applicant – 143184 had recalled that during a search conducted by the police, he was found to be in possession of cocaine. Applicant – 143184 told officers during interview that he woke up in a police station and was informed that cocaine was found in his possession.

The Committee heard that when asked if he still took drugs, Applicant – 143184 denied this; however, he did disclose during interview that he had previously experimented with cocaine in 2009 but asserted that he no longer used the substance.

The Committee were told that when Applicant – 143184 was asked if he felt that he was a fit and proper person to hold a licence, he stated that he believed that he was, due to him previously working with the public and currently being employed where he dealt with vulnerable people, and not had any issues or complaints.

In response to the Committee’s questioning, Applicant – 143184 told the Committee that he believed that he was a fit and proper person as he had previously worked as a door supervisor, where he looked after drunk, vulnerable people, dealt with fights, assisted the police to detain suspects.

Applicant – 143184 told the Committee that he now worked as a senior engineer, working where there were children, and always helped people. The Committee heard from Applicant – 143184 that he no longer drank alcohol.

The Committee was given an opportunity to ask questions of Applicant – 143184, with Applicant – 143184 speaking last.

Members had regard to the Committee papers, which had been circulated prior to the hearing and presented to them.

Having carefully considered the written 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 Committee noted that under section 51 Local Government (Miscellaneous Provisions) Act 1976, the Committee shall not grant a driver’s licence unless they are satisfied that the applicant is a fit and proper person. When determining this matter, the Committee considered this application on its merits.

The Committee had regard to Appendix G of the Policy; “A licence will normally be refused if an applicant has more than one conviction for drugs related offences.”

The Committee members were not satisfied that they would allow people for whom they care to enter a vehicle with Applicant – 143184 due to his previous convictions for possession of a class A drug, cocaine, on 1st September 2011 and 6th June 2012. The Committee did not feel that there were any exceptional reasons before them to depart from the Policy.

The Committee did not believe that Applicant – 143184 was a fit and proper person to hold a private hire vehicle drivers licence. The Committee were unanimously satisfied that Applicant – 143184’s application should therefore be refused.

RESOLVED that Applicant – 143184’s application for a Private Hire Driver’s licence be refused for the reasons as detailed above.