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.

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

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

The Panel was asked to consider whether an application for a Probationary Private Hire Driver’s Licence should be granted following the receipt of information from the Disclosure and Barring Service (DBS).

The Panel was advised that the Applicant, in completing the questionnaire which accompanied the application, had failed to declare a Caution for Common Assault dated 16 December 2011 and a Caution for Battery dated 29 December 2011.

The Panel had 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;

(3)  that, with regard to previous convictions, the overriding consideration was the safety of the public although some discretion may be appropriate if the offence was isolated and there were mitigating circumstances; and

(4)  that Section 12.3 of the Policy stated that an application would normally be refused when it had been made within 8 years of receipt of a Caution for Common Assault.

The Panel listened carefully to the Applicant’s explanation of the circumstances surrounding the Cautions and to the comments made by the proposed Mentor regarding the Applicant’s employment.  In the circumstances, however, the Panel was unconvinced that the explanations given were sufficient to overturn the position as set out in the Council’s Policy.  Having considered all of the circumstances the Panel was not satisfied that the Applicant was a fit and proper person to hold a Probationary Private Hire Driver’s Licence.  For these reasons the Panel, therefore

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