Agenda and minutes

There were no declarations of interest made in accordance with the Code of Conduct.

The Chairman to move that the press and public be excluded from the remainder of the meeting during consideration of any items the publication of which would disclose exempt information

The Chairman moved, it was seconded and

RESOLVED:  That as public discussion would disclose exempt information, the following matters be considered in private.

(LGA 1972 Sch 12A Paragraph 1 – Information relating to an individual)

(Reason: LGA 1972 Sch 12A Paragraph 1 – Information relating to an individual) 

The Panel considered the report of the Director of Central Services and Monitoring Officer regarding an application for a Probationary Private Hire Driver’s Licence and was advised of information received from the Disclosure and Barring Service.

The Panel listened carefully to the representations made by the Applicant and was also informed by the Licensing Manager of the 8 penalty points which had been endorsed on the Applicant’s driving licence on 3 February 2014 following a conviction for driving without due care and attention.

The Panel made the following findings –

1.    The application had been made within 4 years of a conviction for common assault.  Paragraph 12.3.1 of Appendix D of the Tonbridge and Malling Borough Council Hackney Carriage and Private Hire Licensing Policy 2013-2016 (“the Policy”) stated that where an application was made within 4 years of such a conviction, the application would normally be refused.

2.    The application was also made within 6 months of a conviction for driving without due care and attention.  Under paragraph 12.14 of Appendix D of the Policy, this was treated as a “major traffic offence”.  Paragraph 12.6 of Appendix D of the Policy stated that where such a conviction was within 6 months of the date of the application, the application would normally be refused.

For these reasons the Panel therefore

RESOLVED:  That the Applicant was not a fit and proper person to hold a Probationary Private Hire Driver’s Licence at this time and the application be REFUSEDin accordance with s51(1)(a) of the Local Government (Miscellaneous Provisions) Act 1976.