PAPER E

Purpose : For Decision

Committee :    LICENSING PANEL

Date :              14 MAY 2002

Title :              TO CONSIDER WHETHER MR M ALSTON 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 M Alston, 2 Sutherland Lodge, East Hill Road, Ryde, Isle of Wight.

BACKGROUND

1.        On the 18 April 2002 the Council’s Licensing Section received an application form from Mr M Alston on which he stated that he had received convictions for assault in 1987 for which he received a conditional discharge, for Drink Driving in 1992 for which he was banned from driving for 4 years, and whilst he was banned he received another conviction for drink driving when another 3 months was added to the 4 years disqualification. In 1999 Mr Alston was convicted of cultivating cannabis for which he was fined £60.00. A copy is set out at Appendix 1.

2.        A letter dated 23 April 2002 was sent by the Licensing Section informing Mr M Alston that the Senior Licensing Officer was using his delegated authority to refuse the application. This is set out at Appendix 2.

3.        A letter was received from Mr M Alston by the Licensing Section on the 1 May 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 M Alston.

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

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

driver.

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

RECOMMENDATIONS

Members’ instructions are requested.

BACKGROUND PAPERS

As attached

ADDITIONAL INFORMATION

1.        Mr M Alston 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