Minutes:
Members were asked to consider and determine the continued fitness of combined hackney carriage and private hire driver – 120764, who had received convictions and failed to declare those convictions as per his licence conditions.
Combined Hackney Carriage and Private Hire Driver – 120764’s new DBS certificate had been issued and had new convictions under the Insolvency Act 1986:
Combined hackney carriage and private hire driver – 120764 and his representative David Wilson attended the meeting and were 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 a letter from the Disclosure and Barring Service informing combined hackney carriage and private hire driver – 120764 a status change on his DBS certificate.
- A copy of an interview transcript with combined hackney carriage and private hire driver – 120764 and licensing officers.
- A copy of various letters to combined hackney carriage and private hire driver – 120764 from Cleveland Magistrates Court and Teesside Magistrates Court.
- A copy of a previous warning letter from the Licensing Service to combined hackney carriage and private hire driver – 120764.
The Chair introduced everyone present and explained the procedure to be followed during the hearing.
The Committee Members were presented with the officers’ report and had the opportunity to ask questions of both the officers, combined hackney carriage and private hire driver – 120764 and his representative David Wilson.
The main topics discussed were as follows:
- Combined hackney carriage and private hire driver – 120764’s representative explained the circumstances surrounding combined hackney carriage and private hire driver – 120764 being convicted on a guilty plea under Insolvency Act 1986, relating to applying for bankruptcy and failing to declare gift/transfer/charge on property. Combined hackney carriage and private hire driver – 120764 had gifted equity to his brother when his brother bought combined hackney carriage and private hire driver – 120764’s house and had also taken on the mortgage for the property. Combined hackney carriage and private hire driver – 120764’s failed to disclose the gift online as he did not know he had gifted anything as he owed his brother the money, therefore he did not realise he had done anything wrong. If combined hackney carriage and private hire driver – 120764 had realised these were offences he would have reported it to the Licensing Service straight away
Combined hackney carriage and private hire driver – 120764’s representative informed Members that combined hackney carriage and private hire driver – 120764 contacted the Licensing Service as soon as he had received the letter from DBS informing him there was a change in his circumstances.
The Committee had considered all the information before them and had listened to what the licensing officer, and combined hackney carriage and private hire driver – 120764’s representative had told them.
Despite combined hackney carriage and private hire driver – 120764’s failure to declare convictions, the Committee did not feel that it was appropriate to take any action against combined hackney carriage and private hire driver – 120764’s licence as they believed that he had made a mistake as opposed to being dishonest.
The Committee had determined that combined hackney carriage and private hire driver - 120764 would be issued with a written warning as to his future conduct and reminded that combined hackney carriage and private hire driver - 120764 must comply with the conditions of his licence, particularly in relation to notification requirements.
RESOLVED that combined hackney carriage and private hire driver - 120764 be issued with a written warning as to his future conduct and fully comply with the conditions of his licence for the reasons as detailed above.