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.

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

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

Consideration was given to the report of the Director of Central Services and Monitoring Officer regarding an application for a Probationary Private Hire Driving Licence following the receipt of information from the Disclosure and Barring Service (DBS).  The applicant had received a Caution for Criminal Damage to Property on 11 December 2011.

A copy of the application and DBS certificate were attached as Annexes 1 and 2 respectively to the report.  It was noted that the applicant had declared the offence on the questionnaire completed on 3 August 2015, attached as Annex 3.

The Panel listened carefully to the representations made by the applicant, had regard to the report of the Director of Central Services and the Tonbridge and Malling Borough Council Hackney Carriage and Private Hire Licensing Policy.  In addition, consideration was given to the following:

-        The Policy with regard to offences of criminal damage, as set out in Section 12.3.2, where the Borough Council would normally refuse an application where the individual had a conviction of criminal damage within 4 years of an application being submitted. It was considered that between 4 and 8 years after conviction more weight should be given to the circumstances of the offence and any evidence adduced to show good character since the date of conviction.

-        The circumstances of the incident and the applicant’s explanation of the events.

-        Whether the applicant was a fit and proper person

After careful consideration of the facts and having due regard to the evidence of the circumstances regarding the offence, set out by the applicant, and the current circumstances of the individual, the Panel

RESOLVED:  That the application for a Probationary Private Hire Driver’s Licence be GRANTED.