The report of the Director of Planning, Building Control and Licensing is enclosed.

The Committee considered a report of the Director of Planning, Building Control and Licensing which related to an application for a new Private Hire Licence along with the representations made by the Licensing Officer and the Applicant. The Committee also took into consideration their Statement of Policy and Guidelines.  The Applicant attended the meeting unrepresented.

The Committee was informed that on 19 September 2016, the Applicant was convicted of an offence of Harassment contrary to s2 of the Protection from Harassment Act 1997. He did not notify the City Council at that time that he was subject to investigation, nor that ten days after his application in 2016, he had been convicted as he was bound to do in line with the conditions of his Private Hire licence.  Upon his further renewal application in 2019, the Applicant also failed to notify the City Council of that previous conviction.  A subsequent DBS check however revealed the conviction. The Applicant explained he had not realised he had a conviction. He confirmed he attended Court and confirmed he had entered a guilty plea.  He explained the nature of the harassment was in the form of text messages but was evasive as to the content and minimised the nature of the conviction. He stated his ex-partner had also sent similar text messages but she had taken her phone to the police and he had been arrested. He asserted that he had not known that it would be on the DBS record but had not deliberately misled the Council. 

He was questioned regarding his conduct on the 28 December 2018 in relation to the Operator Sticker on his vehicle and subsequent conduct towards a Licensing Officer. He did not provide an explanation but stated the rules did not specifically state that tape could not be used.  Not only did the Applicant fail to notify the Local Authority of the pending proceedings and conviction in his application for renewal dated 6 September 2019, he had also failed to declare any investigation or conviction on his Renewal application of the 6 September 2019.

The Committee was concerned in the first instance with regard to the conduct of the Applicant towards a Licensing Compliance Officer both physically and verbally; they did not find the Applicant’s explanation at all credible that he was unaware of his conviction and found him to be evasive in relation to the details when questioned.

The Committee paid regard to the Statement of Policy and Guidelines and noted although the conviction was in excess of three years from the date of conviction, it was within three years when the application for renewal was made.  In addition, both the investigation and conviction should have been notified to the Council in 2016. Furthermore, they held the view that when completing the current renewal form, the Applicant had deliberately answered the relevant questions in the negative knowing the information he was providing was false and found his actions to be dishonest.

The above factors taken together led the Committee to find the Applicant not to be a fit and proper person to hold a licence and the said licence was therefore revoked pursuant to s61(1)(b) and (2A) of the Local Government (Miscellaneous Provisions) Act 1976.

Decision

To revoke the Private Hire Driver Licence pursuant to s61(1)(b) and (2A) of the Local Government (Miscellaneous Provisions) Act 1976.