PAPER D

Purpose : For Decision

Committee :    LICENSING PANEL

Date :              14 MAY 2002

Title :              TO CONSIDER WHETHER MR C DAVIS IS A FIT AND PROPER PERSON TO HOLD A HACKNEY CARRIAGE/PRIVATE HIRE DRIVER'S LICENCE

REPORT OF THE STRATEGIC DIRECTOR OF FINANCE AND INFORMATION AND COUNTY TREASURER

SUMMARY/PURPOSE

To consider whether to grant a Hackney Carriage/Private Hire Driver licence to Mr C Davis, 48 Winston Road, Newport, Isle of Wight.

BACKGROUND

1.        On the 10 April 2002 the Council’s Licensing Section received an application form from Mr C Davis which stated that he had received endorsements on his driving licence for having no insurance on 16 April1997 for which he was disqualified from driving for 6 months and on 30 April 1999 for totting up for which he was disqualified from driving for 2 months. A copy is set out at Appendix 1.

2.        A letter dated 17 April 2002 was sent by the Licensing Section informing Mr C Davis that the Senior Licensing Officer was using his delegated authority to refuse the application. A copy of the letter is set out at Appendix 2.

3.        A letter was received from Mr C Davis by the Licensing Section on the 24 April 2002 stating that he wished to appeal against the Senior Licensing Officer’s decision to refuse his application. This is set out at Appendix 3.

LEGAL IMPLICATIONS

1.        The Panel must consider Section 17 of the Crime and Disorder Act 1998 which requires local authorities to consider the community safety implications of ALL their activities. This will include all aspects of public safety and whether the applicant is considered to be a fit and proper person to hold a licence. Advice will be available during the course of the meeting on any matters raised by the applicant or objectors.

2.        Members are advised that this application should be considered against a background of the implications of the Human Rights Act 1998. The report does not include a recommendation, however, reasons have to be given for the decision reached by this Panel.

OPTIONS

(a)       To grant a Hackney Carriage/Private Hire Driver licence to Mr C Davis.

(b)       To refuse to grant a Hackney Carriage/Private Hire driver licence to Mr C Davis.

(c)       To grant the Hackney Carriage/Private Hire driver licence with a written warning with regards to Mr C Davis’s future conduct as a licenced Hackney Carriage/Private hire driver.

(d)       To grant a Hackney Carriage/Private Hire driver licence to Mr C Davis with any condition the Panel consider reasonable.

RECOMMENDATIONS

Members’ instructions are requested

BACKGROUND PAPERS

As attached.

ADDITIONAL INFORMATION

1.        A request for information from the DVLA on the offences mentioned and any other spent driving convictions has been unproductive. The policy of the DVLA is to delete all spent convictions from their records when the person returns his licence to them for any reason.

2.        Mr C Davis has been requested to attend the meeting with or without an advisor to answer any questions members may have.

Contact Point: John Murphy, 823152

                                                                             JOHN PULSFORD

                                                                              Strategic Director

                                                                         Finance and Information