PAPER B2
Purpose:
For Decision
Committee: LICENSING PANEL
Date: 17 JANUARY 2003
Title: TO
CONSIDER WHETHER MR A D PENN IS A FIT AND PROPER PERSON TO HOLD A HACKNEY
CARRIAGE/PRIVATE HIRE DRIVER’S LICENCE.
REPORT
OF THE STRATEGIC DIRECTOR OF FINANCE & INFORMATION AND COUNTY
TREASURER
SUMMARY/PURPOSE
To consider
whether to grant a Hackney Carriage/Private Hire Driver licence to Mr A D Penn,
6 Albert Road, Shanklin, Isle of Wight.
BACKGROUND
1.
Mr A D Penn had his Hackney
Carriage/Private Hire Driver licence revoked by the Panel on the 22 May 2001
for being convicted of an offence involving dishonesty. See Appendix 1.
2.
Mr A D Penn wishes to re-apply for a
Hackney Carriage/Private Hire Driver licence.
3. A
Criminal Records disclosure shows that Mr A D Penn has been clear of conviction
since 19 April 2001.
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 A D Penn.
(b) To
refuse to grant a Hackney Carriage/Private Hire driver licence to Mr A D Penn.
(c) To
grant the Hackney Carriage/Private Hire driver licence with a written warning
with regards to Mr A D Penn’s future conduct as a licenced Hackney
Carriage/Private Hire
driver.
(d)
To grant a Hackney Carriage/Private
Hire driver licence to Mr A D Penn with any condition the Panel consider
reasonable.
|
RECOMMENDATIONS
Members’ instructions are requested
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BACKGROUND
PAPERS
As attached
ADDITIONAL
INFORMATION
Mr A D Penn has
been requested to attend the meeting with or without an advisor to answer any
questions members may have.
Contact Point:
John Murphy, 823152
J
PULSFORD
Strategic
Director
Finance
& Information and County Treasurer
Appendix 1
PAPER E
Purpose : For
Decision
Committee : LICENSING
COMMITTEE
Date : 22 MAY 2001
Title : TO CONSIDER WHETHER MR A D PENN IS A FIT AND PROPER PERSON TO
CONTINUETO HOLD A HACKNEY CARRIAGE/PRIVATE HIRE DRIVER'S LICENCE
REPORT
OF THE DIRECTOR OF ENVIRONMENT SERVICES
SUMMARY/PURPOSE
To consider what action to take against Mr A D Penn,
licenced Hackney Carriage/Private Hire Driver no. 352, of 6 Albert Road,
Shanklin, Isle of Wight.
BACKGROUND
I.
On
the 19 April 2001 Mr Penn pleaded guilty to theft from a motor vehicle and was
given a 100 hours Community Punishment Order, ordered to pay £50.00
compensation and £100 costs. Copies of
the Court records are attached at Appendix 2.
2.
Mr
Penn notified the Senior Licensing Officer as required by his licence
conditions.
3.
A
copy of the Council’s Guidelines relating to the Relevance of Convictions,
which include convictions for dishonesty, is set out at Appendix 3.
LEGAL IMPLICATIONS
The Committee’s attention is drawn to Section 17 of the
Crime and Disorder Act 1998 which requires local authorities to consider the
community safety implications of ALL their activities. This is a corporate
responsibility of the Authority as a whole.
Advice will be available during the course of the debate on any matters
raised by the applicant or objectors.
OPTIONS
1.
To
issue a written warning to Mr Penn regarding his future conduct as a licenced
Hackney Carriage/Private Hire Driver.
2.
To
issue a formal caution to Mr Penn regarding his conduct as a licenced Hackney
Carriage/Private Hire Driver.
3.
To
suspend his Hackney Carriage/Driver’s Licence for a period to be decided by the
Committee.
4.
To
revoke the Hackney Carriage/Private Hire Driver’s licence if it is felt that Mr
Penn is no longer a fit and proper person to hold a licence.
RECOMMENDATIONS
Members’ instructions are
requested.
As attached.
ADDITIONAL INFORMATION
The Committee will be aware that they
can consider previous convictions which are spent under the Rehabilitation of
Offenders Act 1974 when deciding whether someone is considered to be fit and
proper to hold a Hackney Carriage/Private Hire driver’s licence.
On first becoming licenced in August
1993, Mr Penn was given a formal caution as he had not declared on his
application form his previous convictions for Theft in 1981 for which he
received a fine, and offences under the Supplementary Benefits Act in 1986 for
which he received a sentence of three months imprisonment suspended for two
years and in 1987 for which he received a four month sentence suspended for two
years. Mr Penn accepted the caution and
was granted a licence.
In 1994 Mr Penn was convicted of Driving
Without Due Care and Attention and his licence was endorsed with five penalty
points. These points have now been
removed and his current licence has no endorsements.
On 29 August 2000 Mr Penn’s licence was
suspended on medical grounds and was reinstated after receiving a satisfactory
medical report on 20th September 2000.
Mr Penn has been driving for his current
proprietor for approximately four years.
Mr Penn has been requested to attend the
meeting, with or without an advisor, to answer any questions members may have.
Contact Point : John Murphy, F 823152 (3DES)
D
W JAGGAR
Director
of Environment Services
Appendix 2
Appendix 3
ISLE
OF WIGHT COUNCIL
PUBLIC PROTECTION COMMITTEE
APPLICATIONS FOR HACKNEY CARRIAGE
& PRIVATE HIRE LICENCES
GUIDELINES
RELATING TO THE RELEVANCE OF CONVICTIONS
General Policy
Each case will be determined on its own merits. On request and at the discretion of the
Chairman, the applicant/licensee may be afforded a personal hearing before the
Licensing Board. The applicant/licensee
may be represented by a friend or legal adviser and will be told, in writing,
of the adopted procedure to be used at any such hearing. The Licensing Board will consider all cases
having regard to the safety and protection of the travelling public and it is
for the applicant/licensee to produce evidence to the Licensing Board to show
amongst other things:
(1) THAT THE
APPLICANT IS FIT AND PROPER TO HOLD A LICENCE
(2) THAT THE
APPLICANT/LICENSEE CAN COMPLY WITH THE STATUTORY REQUIREMENTS ATTACHED TO THE
GRANT OR RENEWAL OF A HACKNEY CARRIAGE OR PRIVATE HIRE LICENCE AND COMPLIANCE
WITH ANY CONDITIONS IMPOSED BY THE ISLE OF WIGHT COUNCIL FOR THE TIME BEING IN
FORCE.
A person with a current conviction for a serious crime need not be
permanently barred from obtaining a licence but should be expected to remain
free of conviction for a period of 3 to 5 years according to the individual
circumstances before an application is entertained. Some discretion may be appropriate if the offence is isolated and
there are mitigating circumstances.
However, the Licensing Board’s overriding consideration will be the
protection of the public.
The following examples afford a general guide on the action to be
taken where convictions are recorded against the applicant/licence holder:-
Minor Traffic Offences
Convictions for minor traffic offences, eg. obstruction, waiting in
a restricted street, speeding, etc. should not prevent a person from proceeding
with an application. If sufficient
points have been accrued to require a period of disqualification of the
person’s driving licence then a Hackney Carriage or Private Hire Licence may be
granted after the restoration of the driving licence with a warning as to that
person’s future conduct. If however,
the convictions arise as a result of that person carrying out duties as a
licensed Hackney Carriage or Private Hire Driver, then that person will be
asked to appear before the Licensing Board if nine or more penalty points have
been endorsed upon the driving licence.
Major Traffic Offences
An isolated conviction for reckless driving or driving without due
care and attention should normally merit a written warning as to the future
driving conduct. Advice should be given
to that person of the standards expected by The Isle of Wight Council of
Hackney Carriage and Private Hire Vehicle Drivers. More than one conviction for these types of offences should
merit refusal or revocation of a licence and no further application should be
considered until a period of 3 years free from convictions has elapsed.
Drunkenness
(i) With a Motor
Vehicle
A serious view will be
taken of convictions relating to driving a motor vehicle or being in charge of
a vehicle whilst under the influence of drink.
This may be for driving with excess alcohol or failing to provide a
specimen of blood, breath or urine as required.
An applicant shall
not normally be considered for the grant of a
licence if that person has been convicted of an offence of driving with excess
alcohol or failing to provide a specimen of blood, breath or urine as required unless
a period of 3 years has elapsed since the restoration of that person’s driving
licence. More than one conviction
for these offences should raise grave doubts as to the applicant’s fitness to
hold a licence. If there is any
suggestion that the applicant is an alcoholic a special medical examination
should be arranged (at the applicant’s expense) before an application is
determined. The Council may require
that applicant to provide appropriate medical or other evidence to enable
consideration of whether or not it would be appropriate to consider a licence
application.
If the applicant is
found to be an alcoholic a period of 5 years should elapse after treatment is
complete before a further licence application is considered.
(ii) Not in a
Motor Vehicle
An isolated conviction
for drunkenness need not debar an applicant from gaining a licence. In some cases a written warning may be
sufficient. However, a number of
convictions for drunkenness could indicate a medical problem necessitating a
medical examination and medical evidence to be produced by that person as to
their fit and properness.
Drugs
An applicant with a conviction for a drug related offence
should be required to show a period of at least 3 years free of convictions
before an application is entertained or 5 years after detoxification treatment
if the applicant was an addict.
Appropriate medical evidence would be required by the Licensing Board
before considering an application. A
licensed driver convicted of driving a motor vehicle whilst committing drug
related offences will be treated very seriously.
Indecency Offences
As both Hackney Carriage and Private Hire Drivers often carry
unaccompanied passengers, females and schoolchildren, applicants with
convictions for indecent exposure, indecent
assault, importuning or any other serious sexual offence shall be
refused until they can show a substantial period (at least 3-5 years) free of
such offences. More than one conviction
of this kind may preclude consideration for at least 5 years. In either case, if a licence is granted a
strict warning as to that person’s future conduct will be issued.
Violence
Hackney Carriage and Private Hire Drivers maintain a close contact
with the public on a constant basis. A
serious view will be taken of persons who have convictions for grievous
bodily harm, wounding or assault. At
least 3 years free of such conviction should be shown before an application is
entertained.
Dishonesty
Hackney Carriage and Private Hire Drivers are expected to be persons
of trust. The widespread practice of
delivering unaccompanied property is indicative of the trust that business
people place in drivers. Likewise, it
is comparatively easy for a dishonest driver to defraud the public
(particularly overseas visitors) by demanding more than the legal fare or by
prolonging journeys, etc. For these
reasons a serious view will be taken of any conviction involving
dishonesty. In general a period of 3-5
years free of conviction will be required before entertaining an application.
Miscellaneous
In exceptional circumstances there may be some cases where because
of the nature of convictions, or in the public interest, the Environmental
Health Manager will not use his delegated authority to grant or renew a licence
and will refer the matter to the Licensing Board.
