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 receipt of information from the Disclosure and Barring Service (DBS).

The Panel was advised that the Applicant, in submitting the application, had consented to the Council receiving a full print out of any previous convictions.  The Panel noted that the DBS enhanced disclosure had shown one Caution dated 31 October 2011 administered by Kent Police for the offence of Destroy or Damage Property (Value of Damage £5,000 or less) – Offence against Criminal Damage Act 2011 only on 31 October 2011. 

The Panel had regard to the report of the Director of Central Services and Monitoring Officer 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 5.6.6 of the Policy stated that a licence was conditional on there being no adverse information revealed on the DBS disclosure which would render the applicant as not ‘Fit and Proper’;

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

(4)          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

(5)          that Section 12.3.8 of the Policy stated that more weight would be given to the circumstances of the offence and any evidence adduced to show good character since the date of conviction where an application was made between 4 and 8 years after the date of conviction.

The Panel listened carefully to the Applicant’s explanation of the circumstances of the offence and concluded that the Applicant was a ‘Fit and Proper’ person to hold a licence.  For this reason the Panel, therefore

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