Agenda and minutes

The Corporate and Community Services Officer requested nominations for Chairman.

There were no apologies for absence.

There were no declarations of interest received.

Report by Licensing Officer (attached).

Also present, the Applicant.

The Chair introduced herself as did the other Members and Officers present.

The Solicitor summarised the hearing process.

The Licensing Service Lead Officer confirmed that the Applicant had met formal requirements and the application had been properly made.

The Licensing Service Lead summarised the report (circulated previously) in relation to the application for the grant of a Hackney Carriage and Private Hire Driver’s Licence, (ref PFND008). 

The Applicant presented his case in which he gave a comprehensive explanation for each of his convictions and employment history along with reasons why he subsequently moved to Devon.  The relationship he had with his brother was the contributing factor along with alcohol for the events that had happened.  The birth of his son was the reason he left his employment as door security.  He stated he is not a violent person and had seen the effects alcohol had on people and no longer drinks himself.  He had a written character reference with him from his previous employer which he passed to the Sub-Committee to read.

In response to a question about why he had five different addresses in five years, the Applicant explained the circumstances for each address.

His last employment was a rolling three month temporary contract and with uncertainties around Brexit, unfortunately was one of five employees let go and had been unemployed since.

In response to a question on how he would fit in working as a driver around his son and school holidays, the Applicant advised he had a good family support network.

The Service Lead Licensing Officer was asked to sum up.

The Applicant was asked to sum up.

The Chairman requested that the Corporate and Community Services Officer read the proposed decision, which was voted upon and agreed.

In reaching its decision the Sub-Committee had regard to section 4.12 and Appendix H (f) of the North Devon Council’s Hackney Carriage and Private Hire Licensing Policy (August 2016).

The Sub-Committee considered that the three spent convictions listed in the disclosure and Barring Services (DBS) check were not relevant and serious enough to justify a decision to refuse the Hackney Carriage and Private Hire Driver’s Licence.

In particular they noted that the offences of affray and battery both involved the drinking of alcohol and altercations involving his brother.  Since that time the Applicant had moved away from London to Devon to make a fresh start, he no longer drank and had held a licence as a Security Industry Authority (SIA) door supervisor for approximately six years.  He had also become a father and had custody of his son.  ...  view the full minutes text for item 5.

Report by Licensing Officer (attached).

Also present, the Applicant.

The Chairman introduced herself as did the Sub-Committee Members and Officers present.

The Solicitor outlined the hearing process.

The Service Licensing Lead Officer confirmed all formal requirements had been met and the application had been properly made.

The Service Licensing Lead Officer summarised the report, (circulated previously), in relation to the grant of an application for a Hackney Carriage and Private Hire Driver’s Licence, (ref PFND009).

The Applicant presented his case and expanded on the circumstances that led to his convictions.

In response to a question about why he wanted to be a driver, the Applicant advised the Sub-Committee that he enjoyed interacting with people and enjoyed driving.

The Chair asked the Service Licensing Lead Officer to sum up, he had nothing further to add.

The Applicant was asked to sum up, he had nothing further to add.

The Chairman requested that the Corporate and Community Services Officer read the proposed decision, which was voted on and agreed.

In reaching its decision the Sub-Committee had regard to Section 4.12 and Appendix H (e) of the North Devon Council’s Hackney Carriage and Private Hire Licensing Policy (August 2016).

The Sub-Committee considered that the four convictions listed in the Disclosure and Barring Services (DBS) check were not relevant and serious enough to justify a decision to refuse.  In particular they noted that the offences took place between 1971 and 1984 and as confirmed by the National Police Certificate of Australia he had not had any further convictions since that time.

As a result the Sub-Committee was satisfied that the Applicant was a fit and proper person to hold a Hackney Carriage and Private Hire Driver’s Licence.