Agenda item

The Senior Licensing Enforcement Officer outlined the circumstances as set out in the report.

The Licence Applicant explained that he had experienced family problems and formed a gambling habit while residing in Oldham. The Chair requested the Applicant to explain the circumstances concerning the offences of assault of battery in April 2014. The Applicant stated that he had argument with his wife concerning his gambling problem where he proceeded to push her. The Applicant’s wife fell backward and subsequently contacted the police. In relation to the second incident he indicated that he had slapped her.

In response to questions, the Applicant explained that he was subject to a Restraining Order and that he lives separately from his wife. The Applicant further stated that he has 4 children who he has access to all of whom are residing with his wife.

Responding to a question about the conviction for assault, the Applicant explained that he no longer gets angry and has resolved his gambling habit. The Applicant explained that he is currently working part-time and renting a house in Northampton. 

The Solicitor explained to Members their options and the relevant test to be applied; whether the Applicant is deemed to be a “fit and proper person” to be granted a licence as a Private Hire Driver, that although toward the lower end of the range of violent offences, the fact that custodial sentences were imposed is a consideration, and the relevant provisions of the Council’s policy on convictions.

Members retired at 19:22 to make a decision.

The meeting reconvened at 20:00.

RESOLVED:

The Committee has carefully considered the written report together with the officer’s verbal report at the meeting.  They have also listened carefully to the explanation given by the Applicant in relation to the offences.  The Committee made the following findings:

1.    They consider all violent offences to be serious, no matter who the victim is.

2.    They note that there were two violent offences committed in a period of just 8 months.

3.    They also note that, although the offences are toward the lower end of the spectrum of violent offences, a sentence of imprisonment was imposed for both offences, the earlier offence being punished by imprisonment as a result of the commission of the second offence.

4.    They are also concerned that the Court determined that it was necessary to impose a restraining order to protect the victim, meaning that they had concerns about the risk he posed.

5.    The Council’s policy is that usually there should be a period of at least three years free of conviction for violent offences before a licence will be granted however, where there are more than one such offence the Council may consider that a longer period is justified.

Taking account of all matters together, the Committee is not satisfied that the Applicant is a fit and proper person to be licensed as he poses a risk to the public.

Accordingly, the Committee REFUSE the Applicant’s application for a private hire driver’s licence.