Agenda item

The applicant advised that he had brought a Councillor to represent him. The Councillor advised that she had known the applicant for 18-19 years as a friend, teacher and community activist. She went on to give him a character reference.

The Senior Licensing Enforcement Officer outlined the circumstances as set out in the report. He explained that the applicant had previously held a Private hire Driver’s Licence and on 27 June 2019 had submitted a new Private Hire Driver application. As part of the application process, he was required to declare any previous criminal convictions. Following the submission of a DBS certificate a Common Law Police Disclosure to address a “pressing social need” was received (21 April 2017). Due to the nature of the Common Law Police Disclosure, the applicant was informed that his application would be referred to the Licensing Committee.

The Applicant addressed the Licensing Committee and advised that the complainant who alleged the complaint was his wife’s younger sister.  He does not have a good relationship with his wife’s family.  He added that his wife’s sister had escaped from the home, the family had looked for her; a week later the Applicant had been arrested; he felt that complainant was being given guidance.

The Committee asked questions of the applicant and heard:

·         The complainant was around 13-14 years old

·         The complainant is the half- sister of the Applicant’s wife, she did not live at the home of the Applicant and had never stayed there. She had been staying at his wife’s sister’s house

·         The Applicant commended that it was `a drama` and the complainant was trying to humiliate him

·         Since 2017 the Applicant has been working as a delivery driver and in a warehouse.

The Solicitor explained to Members their options and the relevant test to be applied; whether the applicant was deemed to be a “fit and proper person” to hold a licence as a Private Hire Driver and the relevant provisions of the Council’s policy on convictions and allegations.  He advised the Committee of case law “Leeds County Council V Hussein”

Members retired at 18:42 hours to make a decision.

The meeting reconvened at 18:55 hours.

RESOLVED:

The Committee had carefully considered the information in the report, the representations made by and on behalf of the applicant at the hearing, the responses to the questions asked of him, the character reference received.

The Committee made the following findings:

A.   The information suggests a serious offence or offences were committed.  It is alleged that they were committed by the Applicant.

B.   They note that he has not been charged with or convicted of any offences.

C.   They also note that there is an e-mail in the bundle of documents in which the police state that; ‘no cogent allegation of wrongdoing was asserted against the Applicant in the investigation’.  The Committee is concerned as to what information the police do hold in relation to this matter. 

D.   The Committee is not satisfied that it currently has sufficient information to determine whether the Applicant is a fit and proper person to hold a licence and therefore it requires further information to decide this, specifically additional details from the police.  

Accordingly, the Committee Adjourns the Applicant’s application for a private hire driver’s licence pending further enquiries with Northamptonshire Police. 

The Applicant confirmed that he was willing to sign a consent form which could be sent to the police to speed up the release of the information concerned.