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)

Consideration was given to the report of the Director of Central Services and Monitoring Officer regarding an application for a Dual Hackney Carriage and Private Hire Driver’s Licence following the receipt of information from the Disclosure and Barring Service (DBS).

The Panel listened carefully to the information provided by the Applicant, had due regard to the report of the Director of Central Services and to the Tonbridge and Malling Borough Council Hackney Carriage and Private Hire Policy and made the following findings:-

1.         The Panel noted the relevant provisions of the Tonbridge and Malling Borough Council Hackney Carriage and Private Hire Licensing Policy.

2.         The Panel considered this as a serious offence for which the Applicant was convicted just over three years ago to a five year custodial sentence.

3.         The Panel considered the Policy and, in particular, the reference to offences involving dishonesty.  It noted that, under the Policy (paragraphs 12.2.3 and 12.2.4 of Appendix D), an application submitted within 4 years of conviction for such an offence would normally result in a refusal.  Where an application is submitted between 4 and 5 years after conviction, more weight would be given to the circumstances of the offence and any evidence adduced to show good character since the date of conviction.

For these reasons the Panel therefore

RESOLVED:  The application for a Dual Hackney Carriage and Private Hire Driver’s Licence be REFUSED.