Purpose

The Licensing Sub-Committee
heard an application for a new Private Hire Vehicle Driver’s
Licence.
 
Upon application, the applicant
disclosed one previous conviction on 5 January 2024 and was
sentenced to a fine and an endorsement of 6 penalty
points.
 
The application has been
referred to the Licensing Authority’s Sub-Committee to
determine whether the applicant is a fit and proper person to hold
a Private Hire Vehicle Driver’s Licence issued by the
Licensing Authority.
 
The Sub-Committee considered
the report from the Licensing Officer and heard from the
applicant.
 
In making its decision, the
Sub-Committee considered all relevant legislation, as well as both
the statutory (Department for Transport) and non-statutory
(Institute of Licensing) guidance and were reminded of Fenland
District Council’s Hackney Carriage and Private Hire Vehicle
Licensing Policy 2021-26.
 
The Sub-Committee were reminded
that when assessing suitability that the safety of the public is
the paramount concern and that the test as to whether an individual
should be granted a Private Hire Vehicle Driver’s Licence is
whether the individual is a fit and proper person.
 
The Sub-Committee were reminded
that their decision should be evidence based.
 
The Sub-Committee heard from
the applicant regarding the circumstances which led to the
conviction and were mindful of the fact that the applicant admitted
the offence at the time and that he was honest in declaring the
offence on the application.
 
However, the Sub-Committee
noted that their responsibility is to protect the public and that
protecting the public necessitates an expectation of high standards
amongst Private Hire Vehicle Driver Licence applicants. The
Sub-Committee were concerned that the applicant had been convicted
of a relevant offence relatively recently and that not enough time
had elapsed between the conviction and the application. The
Sub-Committee were mindful that the Institute of Licensing’s
guidance on the suitability of applicants convicted of offences
that 5 years should have elapsed since the conviction or completion
of any disqualification imposed, whichever is the later.
 
The Sub-Committee do not
necessarily feel that the full five years is appropriate in the
applicant’s case, but that further time needs to pass with
the applicant demonstrating no further offending before the
Sub-Committee would consider him fit and proper.

Content

To refuse the application for a
Private Hire Vehicle Driver’s Licence on the basis that the
applicant is not a fit and proper person to hold such a
licence.