The report of the Head of Planning, Building Control and Licensing is attached.

The Committee heard representations from the Licensing Officer and the driver.

The Committee was advised that the driver had been suspended on the 9^th February 2018 for possessing suspected indecent images of children on his mobile phone.

It heard that the matter had come to light when he had applied to be a driver with Club Cars and was requested to hand over his phone so that the Operator’s booking software could be loaded to the mobile device. It was at this point that the indecent images of children were spotted and the Police were contacted to report the matter.

The Committee heard from the driver that the pictures on the phone were those of his son but he had not realised this at the time of handing the phone over.

The driver was called to the Committee on the 13^th March 2018 and stated at such time that he had originally believed that the photos of a young male were on the phone when he bought it second hand and that he did not use the phone or charge it properly. He further went on to say that he had since become aware that the photos taken were that of his son and taken by his daughter.

The Committee heard that the driver had been bailed pending investigation but that these conditions had been lifted and that he was formally notified that no further action would be taken as the CPS had decided there was insufficient evidence to charge.   

In addition, the Committee was advised that the driver had motoring convictions for no insurance and excess speeding and Consumer Protection offences. 

In relation to the motoring offences the Committee was advised that the driver had failed to notify the Licensing department, as he was required to do so, that he had convictions.

The Committee was extremely concerned about the images and were not satisfied with the conflicting explanations given as to how they had come to be on the driver’s phone. The exposure of such images, to a third party, gave the Committee cause for concern that the driver was fit and proper to hold a licence.  

The Committee also noted that the driver had failed to disclose his motoring convictions to the Licensing Department and did not accept that it was a mere oversight as he had been requested by an operator, namely Uber, to provide such details to them before they could consider employing him as a driver.

The Committee felt that he had deliberately avoided notifying the licensing department to avoid his licence being the subject of scrutiny with possible action being taken in relation to it.

Finally, the Committee noted that the driver had convictions which contravened the fire and electrical safety regulations, involving consumer protection offences and felt unhappy about allowing the applicant to retain his licence to provide a service to members of the public

The Committee concluded that the Applicant was not a fit and proper person to hold a Private Hire Licence.

Decision

To revoke the licence.