The Director of Neighbourhood and Environmental Services submits a report.
Minutes:
Councillor Pickering joined the meeting at this point.
The Chair confirmed with the Sub-Committee Members that the report for the meeting has been read.
The Director of Neighbourhoods and Environmental Services submitted a report concerning the determination of continued entitlement to retain a Hackney Carriage and Private Hire Vehicle Driver’s Licence.
The applicant was present. The Licensing Team Manager, Licensing Officer and Legal Adviser to the Sub-Committee were also present at the meeting.
Introductions were made and the Chair outlined the procedure for the meeting to those present.
The Licensing Team Manager outlined the details of the application, including the relevant City Council Policy Guidelines. It was brought to the attention of the Sub-Committee that the applicant had been convicted for an offence which fell into the category of violence in the Council’s Policy Guidelines and required that the driver be five years free from conviction.
The applicant set out the reasons why he thought he should be allowed to continue to hold a Hackney Carriage and Private Hire Vehicle Driver’s Licence and answered questions from Members, the Licensing Team Manager, and the Legal Adviser to the Sub-Committee.
All parties were then given the opportunity to sum up and make any final comments.
The Sub-Committee received legal advice from the Legal Adviser to the Sub-Committee in the presence of all those present.
In reaching their decision, Members felt they should deliberate in private on the basis that this was in the public interest, and as such outweighed the public interest of their deliberation taking place with the parties represented present.
The Chair announced that the decision and reasons made during private deliberation would be publicly announced and confirmed in writing within five working days. The Chair informed the meeting the Legal Adviser to the Sub-Committee would be called back to give advice on the wording of the decision.
The Chair then asked all but Members of the Sub-Committee and Democratic Support Officer to disconnect from the meeting. The Sub-Committee then deliberated in private to consider their decision.
The Sub-Committee recalled the Legal Adviser to the Sub-Committee to give advice on the wording of their decision.
RESOLVED:
That the applicant’s Hackney Carriage and Private Hire Vehicle Driver’s Licence be revoked.
The Sub-Committee Members had carefully considered the Committee Report placed before them and had taken into account the Regulators’ Code, the Council’s “Guidelines on relevance of convictions Hackney Carriage and Private Hire Vehicle Drivers” and the oral and written representations.
The Sub-Committee were informed the applicant had held a Hackney Carriage and Private Hire Vehicle Driver’s Licence since 2008.
On 17th February 2020, the applicant was convicted at Leicester Crown Court of making threats to kill and stalking. On 23rd March 2020, he was sentenced to 18 months imprisonment suspended for a period of 18 months, was made subject to a 5-year Restraining Order, and was required to participate in offending behaviour and rehabilitation activities.
The conviction of an offence involving violence gave grounds under section 61(1)(a)(i) of the Local Government (Miscellaneous Provisions) Act 1976 to suspend or revoke the licence.
The Sub-Committee Members’ overriding consideration was the protection of the public. Members believed the seriousness of the sentence imposed on 23rd March 2020 clearly reflected the seriousness of the offending, which fell into the category of violence under Leicester City Council’s Guidelines on the relevance of convictions. For such offending, the Guidelines required a period free from conviction of five years.
The Members were of the opinion there were no exceptional circumstances to act outside the Guidelines and found in the circumstances that it was appropriate to revoke the licence under section 61(1)(a)(i) of the Local Government (Miscellaneous Provisions) Act 1976.
The applicant would be advised that he could appeal the decision to the Magistrate’s Court within 21 days of the decision.
Supporting documents: