Agenda item
Application for a New Private Hire Driver - GO
The report of the Head of Planning, Building Control and Licensing is enclosed.
Minutes:
The Hearing Panel considered the report from the Head of Planning, Building Control and Licensing regarding the above application. The oral representations of all of the parties who attended were also considered, in conjunction with the relevant guidance. The matter was considered in line with the established procedure for taxi licensing hearings.
The Licensing Unit officer informed the panel that this was an application for a new private hire driver licence for GO who had previously held a licence with Manchester, but their renewal was refused in 2019. The convictions were now outside of the guidelines, but given the nature of the convictions, it was thought fit to bring GO to a hearing. There were questions as to whether GO met the fit and proper requirement.
GO stated that they were applying for another opportunity and that they had learnt their lesson from previous issues.
In questions, GO noted that they had not had any convictions since the last issue and had been working in a different job since. GO stated that they had learnt to manage their feelings better without resorting to violence. They would now walk away from any trouble.
The Licensing Unit summed up that there was a long history of issues on GO’s record. Since their renewal application was refused in 2019, there had been further domestic issues.
GO summed up that they could now see their children.
In reaching its decision, the Panel took into consideration the Council’s Statement of Policy and Guidelines and statutory Taxi and Private Hire Vehicle Standards. In particular the Panel considered the statutory guidance at 4.9 and 5.4 which states:
4.9 Complaints against licensees
Complaints about drivers and operators provide a source of intelligence when considering the renewal of a licence or to identify problems during the period of the licence. Patterns of behaviour such as complaints against drivers, even when they do not result in further action in response to an individual complaint, may be indicative of characteristics that raise doubts over the suitability to hold a licence.
5.4 Fit and proper test:
“Licensing authorities have a duty to ensure that any person to whom they grant a taxi or private hire vehicle driver’s licence is a fit and proper person to be a licensee. It may be helpful when considering whether an applicant or licensee is fit and proper to pose oneself the following question:
Without any prejudice, and based on the information before you, would you allow a person for whom you care, regardless of their condition, to travel alone in a vehicle driven by this person at any time of day or night?
If, on the balance of probabilities, the answer to the question is no, the individual should not hold a licence.
Licensing authorities have to make difficult decisions but (subject to the General principles) the safeguarding of the public is paramount. All decisions on the suitability of an applicant or licensee should be made on the balance of probability. This means that an applicant or licensee should not be given the benefit of doubt. If the committee or delegated officer is only 50/50 as to whether the applicant or licensee is fit and proper, they should not hold a licence. The threshold used here is lower than for a criminal conviction (that being beyond reasonable doubt) and can take into consideration conduct that has not resulted in a criminal conviction.
The panel had real concerns about the lack of remorse GO had shown. They noted that there was a long history of convictions and allegations that showed a pattern of violent behaviour and that there had been further allegations since the previous refusal to renew. There were also complaints as to GO’s conduct when working as a licensed driver. Given all the above convictions, allegation and complaints against the applicant the Panel were of the view that on the balance of probabilities GO was not a fit and proper person to hold a driver’s licence.
Decision
To refuse the application for a Private Hire Driver Licence.
Supporting documents:
- Restricted enclosure View the reasons why document 69./1 is restricted
- Restricted enclosure View the reasons why document 69./2 is restricted
- Restricted enclosure View the reasons why document 69./3 is restricted