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 Probationary Private Hire Driver’s Licence following receipt of information from the Disclosure and Barring Service (DBS) that the Applicant had been Convicted on 23 January 2015 in the Criminal Court of Boulogne-Sur-Mer for an offence under the Immigration Act 1971 S.25(1).

The Panel had due regard to the report of the Director of Central Services and to the following:-

(1)       that Section 1.5.4 of the Tonbridge and Malling Borough Council Hackney Carriage and Private Hire Policy stated that Public Safety was paramount when processing a prospective candidate to ensure that the applicant was a ‘Fit and Proper’ person to hold a licence;

(2)       that Section 5.7.3 of the Policy regarding ‘Fit and Proper’ required that the Council consider each case on its merits; and

(3)       that, with regard to Previous Convictions, Sections 12.1.2 – 12.1.4 of the Policy stated that the overriding consideration was the safety of the public and that some discretion may be appropriate if the offence was isolated and there were mitigating circumstances.

The Panel listened carefully to the Applicant’s explanation of the circumstances surrounding the Conviction.  There was no evidence of dishonesty surrounding the offence and the Panel was satisfied with the Applicant’s explanation of the circumstances surrounding it.  It was noted that the offence was an isolated occurrence. 

The Panel, therefore

RESOLVED:  That the application for a Probationary Private Hire Driver’s Licence be APPROVED on the basis that the Applicant was a fit and proper person to hold the licence.