Agenda item

To consider a report of the Assistant Executive Director Environmental Enforcement.

The Assistant Executive Director of Environmental Enforcement submitted a report requesting that the Panel considered whether the applicant was a fit and proper person in accordance with the provisions of Section 51 (1)(a) of the Local Government (Miscellaneous Provisions) Act 1976.

The Panel considered the application for a Private Hire / Hackney Carriage Driver’s Licence.  Before granting the application the Panel had to be satisfied that the applicant was a fit and proper person to hold the licences.

The Panel considered the written information submitted and heard the Licensing Manager’s case.  The Licensing Manager advised the Panel that the applicant had applied for a Private Hire / Hackney Carriage Driver’s Licence on 7 November 2016.  As part of the application process they undertook a topographical test on 12 April 2017.  All applicants were advised that prior to starting the examination their mobile phones were to be switched off for the duration of the test.

The invigilator for the examination, a Regulatory Compliance Officer for TMBC, observed the applicant reading the examination questions out loud, which was disturbing the other candidates.  As the Regulatory Compliance Officer was walking across the room to speak to the applicant they noticed them using their mobile phone underneath the desk.  The Regulatory Compliance Officer asked the applicant to leave the room and hand in their examination paper. 

The Regulatory Compliance Officer described the incident and the applicant’s behaviour to the Panel.  They told the Panel that when they asked the applicant to leave the room the applicant was difficult and became disruptive but eventually left the room.  The Regulatory Compliance Officer spoke to the applicant outside of the room and described their behaviour as aggressive.

Having heard the Licensing’s Manager’s case and the witness statement the applicant and the Panel were provided with the opportunity to ask questions.

The applicant then addressed the Panel and apologised for their actions, they described their behaviour as frustration rather than aggression.  The applicant provided an outline of their current situation and told the Panel that since losing their job in November 2016 they had been struggling financially and had found it difficult to find work.

The applicant explained that they had revised for the topographical test by reading the questions and answers out loud so felt comfortable doing that in the examination.  They further explained that they were using their mobile phone to text a friend to request a lift to a job interview that they had later on that afternoon and were not cheating.

Following the applicant’s case Panel Members and the Licensing Manager were provided with the opportunity to ask questions. 

At this juncture the applicant, the Licensing Manager and the Regulatory Compliance Officer left the meeting whilst the Panel deliberated on the review.  The Solicitor to the Panel and the Senior Democratic Services Officer remained in the meeting to give legal and procedural advice and took no part in the decision making process.

The Panel considered all the information presented at the hearing and resolved that they did not consider the applicant to be a fit and proper person to hold a Private Hire and Hackney Carriage Driver’s Licence.

RESOLVED:

That the application for Private Hire / Hackney Carriage Driver’s Licence 3/2017 be refused.