Issue - meetings

To enable members to determine an application for a New Private Hire Driver’s License who has convictions on their DVLA Licence.

Decision

To refuse the application for a Private Hire Vehicle Driver’s Licence to the applicant.

Reasons for the decision

We do not consider the applicant to be a fit and proper person to hold a Private Hire Vehicle Driver’s Licence issued by Fenland District Council, notwithstanding that he may have held a previous permission from TfL.

The applicant completed his application and failed to mention four previous convictions later disclosed by a Disclosure & Barring Service check. The applicant said his failure to disclose the convictions was due to confusion regarding whether he was required to disclose spent convictions. The Sub-Committee were not persuaded, on the balance of probabilities, that this was true. The Sub-Committee reviewed the application form, which is abundantly clear that ALL convictions must be declared whether spent or unspent. The Sub-Committee noted that the applicant had via that failure, potentially committed a further offence.

The Sub-Committee considered its policy in respect of offences concerning dishonesty, noting that the minimum period before granting a licence is five years from conviction. Having heard from the applicant regarding the circumstances of his convictions and that they were linked to matters pertaining to vehicle insurance, the Sub-Committee considered that there were factors in this case that suggested the minimum period should not apply, e.g. the nature of the offences and also the applicant’s failure to disclose his previous convictions.