PAPER

SUMMARY/PURPOSE

To consider whether to grant a Hackney Carriage/Private Hire Driver licence to Mr D P Stanton, Flat 3, 12 George Street, Ryde, Isle of Wight.

BACKGROUND

1. On the 22 October 2002 the Council’s Licensing Section received Mr D P Stanton’s Disclosure of Criminal record from the Criminal Record Bureau. It lists three unspent convictions under a previous surname he provided, as follows:

1998 – being drunk and disorderly – received a fine

1999 – possessing a Class B controlled drug – received a fine

2000 – wounding – received 12 months imprisonment

These will not become spent until the year 2010.

The Disclosure also lists several spent convictions, which the Panel may consider to be relevant, as they relate to most items in the Council’s guidelines. (See Appendix 1).

2. After consideration of the above, the Senior Licensing Officer wrote to Mr Stanton on the 22 October 2002 refusing his application on the grounds that he is not a fit and proper person to hold a Hackney Carriage/Private Hire driver licence (see Appendix 2).

4. Copies of the spent convictions are available if Members consider them relevant having regard to (1) above.

5. A letter dated 9 November 2002 was received by the Licensing Section on the 11 November 2002 stating that Mr Stanton wished to appeal against the Senior Licensing Officer’s decision (see 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 D P Stanton.

(b) To refuse to grant a Hackney Carriage/Private Hire driver licence to Mr D P Stanton.

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

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