The Licensing Officer introduced the report which sought to consider whether the Respondent was a ‘fit and proper’ person for the purposes of holding a Dual Hackney Carriage/Private Hire driver’s licence under the Town Police Clauses Act 1847 and the Local Government (Miscellaneous Provisions) Act 1976.

The Chair asked the Applicant to present their case.

The Applicant clarified their case and provided supporting documents. He explained that the first Taxi application submitted on behalf of him by the secretary of the company had made a mistake and ticked the boxes on the form to indicate that he did not have any traffic offences from the DVLA.

The Chair invited Members and the Senior Lawyer (Contentious) to ask questions.

In response, the Applicant explained that an error was not spotted by him because he had not checked the first Taxi application. He acknowledged that it was his fault, and he would take care in completing paperwork in future to ensure it was accurate and correct.

The Applicant outlined the circumstances surrounding the six DVLA penalty points for an offence committed on 23 September 2023 for using a vehicle uninsured against third party risk.

The Chair invited the Applicant to summarise his closing remarks.

Members of the Sub-Committee adjourned at 10.53 am to make their decision.

Members of the Sub-Committee and the Senior Lawyer (Contentious) returned to the meeting at 11.06 am and the decision, attached as Appendix I to these minutes, was announced.

Resolved:

(1) That the Applicant’s Swale Borough Council Dual Hackney Carriage/Private Hire Driver’s Licence application be granted subject to completion of any outstanding application requirements.

The Licensing Officer introduced the report which sought to consider whether the Respondent was a ‘fit and proper’ person for the purposes of holding a Dual Hackney Carriage/Private Hire driver’s licence under the Town Police Clauses Act 1847 and the Local Government (Miscellaneous Provisions) Act 1976.

The Chair asked the Applicant to present their case.

The Applicant clarified their case and provided supporting documents.

The Chair invited Members and the Senior Lawyer Contentious to ask questions.

The Applicant explained that he had lived in the UK for two years, his Certificate of Good Conduct from Afghanistan had been lost; the Afghan Embassy was currently closed, so he was unable to obtain a replacement physical copy. He explained the steps that had been taken to obtain a replacement.

The Applicant’s representative, Training and Employment Officer of the Canterbury City Council provided a supporting statement for the Applicant.

The Chair invited the Applicant to summarise his closing remarks.

Members of the Sub-Committee adjourned at 10.47 am to make their decision.

Members of the Sub-Committee and the Senior Lawyer (Contentious) returned to the meeting at 10.55 am and the decision, attached as Appendix I to these minutes, was announced.

Resolved:

(1) That the Applicant’s Swale Borough Council Dual Hackney Carriage/Private Hire Driver’s Licence application be granted subject to completion of any outstanding application requirements.

The Licensing Officer introduced the report which sought to consider whether the Respondent was a ‘fit and proper’ person for the purposes of holding a Dual Hackney Carriage/Private Hire driver’s licence under the Town Police Clauses Act 1847 and the Local Government (Miscellaneous Provisions) Act 1976.

The Chair asked the Applicant to present their case.

The Applicant clarified their case and provided additional documentation in the form of two Private Hire Vehicle licences purportedly issued by Canterbury City Council. 

It was explained to the Applicant the existence of these licences contradicted the evidence that had been provided by Canterbury City Council.

Members of the Sub-Committee asked questions including whether the Applicant would have an objection to an adjournment to allow the Licensing Officers to clarify the licences provided with Canterbury City Council. The Licensing Sub-Committee then adjoined at 10.43 am to allow the Licensing Officer to contact Canterbury City Council.

Members of the Sub-Committee, the Senior Lawyer (Contentious), and the Licensing Officer returned to the meeting at 11:05 am.

The Chair asked the Applicant and Members for comments, and then Members of the Sub-Committee, the Senior Lawyer (Contentious), and the Democratic Services Officer adjourned at 11:06 am to make their decision. The Applicant left the meeting.

Members of the Sub-Committee, the Senior Lawyer (Contentious) and the Democratic Services Officer returned to the meeting at 11.10 am. The decision of notice is attached as Appendix I to these minutes.

Resolved:

(1) That the Applicant’s Swale Borough Council Dual Hackney Carriage/Private Hire Driver’s Licence application be refused.