Agenda Item No 5
The Vale of Glamorgan Council
Licensing Committee 21st October 2008
Director of Legal, Public Protection and Housing Services
Adoption of an Updated Policy on the Relevance of Convictions
for the Holders of and Applications for Hackney Carriage and
Private Hire Vehicle Driver’s Licences.
Purpose of the Report
1.
To request Members consider a suggested amended policy on
guidelines for the relevance of convictions to assist Members and
Officers of the Licensing Section when dealing with applications
for the grant of Hackney Carriage and Private Hire Vehicle Driver’s
Licences and disciplinary matters against the holders of current
licences.
Recommendations
After careful consideration of the facts of
this Report, of the suggested guidelines and comparison with the
existing guidelines, the Committee’s instructions are requested in
this matter. Members may wish to consider the following
options: -
·
Members adopt the new guidelines as those to be used by Members and
Officers of the Licensing Section in future considerations of
applications for the Grant and Renewal of Hackney Carriage and
Private Hire Vehicle Driver’s Licences; disciplinary action against
the holders of current licences and set a date when the guidelines
take effect.
·
Members amend the guidelines and then adopt them as those to be
used by Members and Officers of the Licensing Section in future
considerations of applications for the Grant and Renewal of Hackney
Carriage and Private Hire Vehicle Driver’s Licences; disciplinary
action against the holders of current licences and set a date when
the guidelines take effect.
·
Members reject the recommended new guidelines and resolve to
continue to use the existing guidelines in future considerations of
applications for the Grant and Renewal of Hackney Carriage and
Private Hire Vehicle Driver’s Licences and disciplinary action
against the holders of current licences.
Reasons for the Recommendations
To advise Members that their instructions are
requested.
Background
2.
At the meeting of the Licensing Committee on 12th November 2002,
Members adopted guidelines to assist them when considering
applications for Hackney Carriage and Private Hire Vehicle Driver’s
Licences who have convictions and existing licence holders facing
disciplinary proceedings. A copy of the minutes of this meeting is
attached at Appendix
A to this Report.
3.
An all Wales set of draft guidelines were developed by the
Licensing Technical Panel. These were then approved by the
Directors of Public Protection Wales and have since been adopted by
a number of Welsh Local Authorities.
4.
The draft was considered by the Licensing Section of the Vale of
Glamorgan Council and a number of minor amendments were made to
suit our local procedures and practices. The amended draft
guidelines are attached at Appendix
B to this Report.
Relevant Issues and Options
5.
The use of the guidelines is intended to give Members full
discretion to decide if an individual applicant who has convictions
is a fit and proper person to hold Hackney Carriage and Private
Hire Vehicle Driver’s Licences.
6.
The use of the guidelines is also intended to give Members full
discretion to decide if the holder of a licence remains a fit and
proper person to hold Hackney Carriage and Private Hire Vehicle
Driver’s Licences following any non-compliance with the law or any
other reasonable cause.
7.
The guidelines will also enable officers to decide which matters
should be referred to the Licensing Committee.
8.
As the guidelines are also available to potential applicants it
enables those with a criminal record to decide whether or not they
wish to make an application.
9.
A copy of the guidelines is issued to applicants with copies of
Committee Reports to ensure the applicants are fully conversant
with the options available to Members of the
Committee.
Resource Implications (Financial and Employment)
10. All resources
directed to the administration and enforcement of the Taxi
Licensing function must be recovered through Taxi Licensing Fees
and Charges.
Legal Implications (to Include Human Rights Implications)
11. There is no
judicially approved test of fitness and propriety, and accordingly,
a number of local tests have been developed throughout Wales and
England. These tend to be based on a test similar to the
following:
“Would you, as a Member of the Licensing Committee,
allow your son or daughter, spouse or partner, mother or father,
grandson or granddaughter or any other person for whom you care, to
get into the vehicle with this person alone?”
In the case of Leeds City Council v Hussain 2003,
Mr Justice Silber said:
“….the purpose of the power of suspension is to
protect users of licensed vehicles and those who are driven by them
and members of the public. Its purpose, therefore, is to
prevent licences being given to or used by those who are not
suitable people taking into account their driving record, their
driving experience, their sobriety, mental and physical fitness,
honesty and that they are people who would not take advantage of
their employment to abuse or assault passengers.”
This passage would support the above test for
fitness and propriety.
12. Section 51 (1) of the
Local Government (Miscellaneous Provisions) Act 1976 states:
Subject to the provisions of this part of the Act,
a district council shall, on receipt of an application from any
person for the grant to that person of a licence to drive private
hire vehicles, grant to that person a driver's licence;
Provided that a district council shall not grant a
licence-
Unless they are satisfied that the applicant is a
fit and proper person to hold a driver's licence; or
to any person who has not for at least twelve
months been authorised to drive a motor car, or is not at the date
of the application for a driver’s licence so authorised.
13. Section 51 (2) of the
Local Government (Miscellaneous Provisions) Act 1976 states:
A district council may attach to the grant of a
licence under this section such conditions as they may consider
reasonable necessary.
14. Section 59 (1) of the
Local Government (Miscellaneous Provisions) Act 1976 states:
Notwithstanding anything in the Act of 1847, a
district council shall not grant a licence to drive a Hackney
Carriage-
Unless they are satisfied that the applicant is a
fit and proper person to hold a driver's licence; or
To any person who has not for at least
twelve months been and is not at the date of the application for a
driver's licence, the holder of a licence granted under Part III of
the Act of 1972 (not being a provisional licence) authorising him
to drive a motor car.
15. The Rehabilitation of
Offenders Act 1974 (Exceptions)(Amendment) Order 2002, allows the
council to take into account all convictions recorded against an
applicant, or the holder of Hackney Carriage and Private Hire
Vehicle Driver’s Licences, whether spent or not. Therefore,
the Licensing Authority will have regard to all relevant
convictions; particularly where there is a long history of
offending or a recent pattern of repeat offending.
Crime and Disorder Implications
16. The Council has a
statutory duty to regulate licensing activities.
Equal Opportunities Implications (to include Welsh Language
issues)
17. The Council is
obliged to apply its licensing conditions on an equitable basis in
the case of all applications.
Corporate/Service Objectives
18. To protect the health
and safety of the community by ensuring businesses meet legislative
requirements, controlling infectious diseases, encouraging
responsible dog ownership, controlling pests and regulating animal
health and welfare. To maintain a fair and equitable trading
environment.
Policy Framework and Budget
19. The proposals in this
report are in accordance with the policy on Framework and
Budget.
Consultation (including Ward Member Consultation)
20. None
Relevant Scrutiny Committee
21. Housing and Public
Protection
Background Papers
None
Contact Officer
Peter Thompson, Licensing Officer. 01446
700111
Officers Consulted
None
Responsible Officer:
Peter H Evans. Director of Legal, Public
Protection and Housing Services.