Minutes:
The Sub-Committee considered Report No LTL/2/19-20/KR of the Licensing Team Leader in respect of Mr K-Burnley. The purpose of the report was to enable Members to decide whether or not Mr K-Burnley was a fit and proper person to continue to hold a Private Hire Vehicle Driver’s Licence.
Mr K-Burnley was present at the meeting. He confirmed that he had received a copy of the report and the procedure to be followed at the meeting.
The Licensing Team Leader explained that Mr K-Burnley had applied to the Council to renew his combined Hackney Carriage and Private Hire Driver’s License. He had successfully completed the safeguarding course and provided proof of his right to work in the UK. He had also provided proof that he had no current endorsements on his DVLA Driver’s Licence.
The Licensing Team Leader went on to explain that at the time of his application to renew his Combined Hackney Carriage and Private Hire Driver’s Licence, Mr K-Burnley applied for a Data Barring Service (DBS) check. This revealed two historic offences, one of which involved indecent assault.
Members were reminded that in September 2018 the Council adopted a new Taxi Licensing Policy which includes the standards which drivers are expected to meet in order to show that they are ‘fit and proper’ person to hold a driver’s licence. Mr K- Burnley’s conviction for indecent assault, it was explained, breached these standards and would render him unsuitable to hold a Combined Hackney Carriage and Private Hire Licence from the Council.
The Sub-Committee was informed that it had discretion to set-aside the Taxi Licensing Policy if Members felt that an offence was isolated or there were mitigating and / or exceptional circumstances which would justify granting or renewing a licence. However, it was emphasised that the overriding consideration for Members in all cases ought to be the protection of the public.
Mr K-Burnley was asked to explain the circumstances of his conviction and the reasons why he felt the Sub-Committee should renew his licence. Mr K emphasised that he had appealed unsuccessfully against the conviction for this offence and he strenuously denied any wrong doing.
Mr K and the Licensing Team Leader were requested to leave the meeting while the Sub-Committee considered its decision.
The Sub-Committee having considered carefully all the written and oral evidence submitted to it:-
RESOLVED (unanimously) –
(1) That Mr K-Burnley is not a fit and proper person to hold a combined Hackney Carriage and Private Hire Driver’s Licence with North East Derbyshire District Council and his application for a Licence be rejected.
(2) That the Sub-Committee does not believe that there are ‘mitigating’ or exceptional circumstances for not applying the current Taxi Licensing Policy.
In reaching this decision, the Sub-Committee took into consideration:
(i) The report of the Licensing Team Leader LTL/2/19-20/KR;
(ii) Mr K-Burnley’s submissions;
(iii) The provisions of the Local Government (Miscellaneous Provisions) Act 1976;
(iv) The Human Rights Act 1998 and of the First Protocol, Article 1;
(v) North East Derbyshire District Council’s Policy and Guidelines relating to Hackney Carriage and Private Hire Driver’s Licences.
Mr K- Burnley and the Licensing Team Leader were re-admitted to the meeting and advised of the above decision and their right to appeal against it to the Magistrates’ Court within 21 days of the receipt of the Decision Notice.
(Licensing Team Leader)
(Paragraph 1)