To consider an application to renew a Torbay Council issued dual Hackney Carriage and Private Hire drivers Licence.

Members considered a report that sought a review of a Dual Hackney Carriage and Private Hire Drivers’ Licence.  The Principal Licensing Officer advised Members that the review follows a renewal application from Mr James Uglow, which was made on 28 April 2018.  In his application Mr Uglow had declared that he holds a current conviction by entering ‘Yes: £300 fine’ on the form but provided no other details as to what this fine related to.  The renewal did not included a DBS, which was a requirement for this application, though this was subsequently submitted on 4 May 2018, as it had only been applied for on 20 March 2018.  The Disclosure confirmed that Mr Uglow had been convicted for ‘destroy or damage property (value of damage £5000 or less – Offence against Criminal Damage Act 1971).  Mr Uglow was given a conditional discharge and costs were awarded against him for this offence.

At the Hearing, Mr Uglow confirmed that he had submitted the notification in October 2015 but could not provide proof of this and referred to his emails set out in Appendices 2 and 4 of the submitted report which also provided background details to the offence.

Decision:

That Mr James Uglow’s Torbay Dual Hackney Carriage and Private Hire Drivers’ Licence be renewed and that he receive a formal written warning for the incident which led to the conviction and his failure to notify the Licensing Authority of this conviction, as set out in Torbay Council’s Hackney Carriage and Private Hire Licensing Policy.

Reason for Decision:

Having carefully considered all the written and oral Representations, Members resolved to renew Mr Uglow’s Drivers’ Licence having unanimously voted that in their opinion, he did ‘remain a fit and proper person’ to hold a Torbay Dual Hackney Carriage and Private Hire Drivers’ Licence.

In coming to that decision, Members noted that it was an isolated incident which resulted in the conditional discharge and that during his time as a driver licensed by Torbay Council, there were no issues of concern or complaints received.

Whilst Members noted Mr Uglow’s submission that he had provided the Licensing Authority with notice of his conviction in October 2015, they could not be satisfied that this had occurred, as Mr Uglow was not able to provide evidence to support this submission and having checked their systems, officers of the Licensing Authority could find no such notice.

It was of concern to Members that Mr Uglow had continued working as a licensed driver for two and a half years without the Licensing Authority being able to make a determination as to whether or not he ‘remained a fit and proper person’ following that conviction and it was only at the renewal stage of his driver badge, that the conviction had come to light.

As such, and having been satisfied that Mr Uglow had shown remorse for the situation he found himself in and was now fully aware his obligations as a licensed driver, along with assurances given by him that this would not happen again, Members determined that it was appropriate on this occasion to formally warn Mr Uglow and that this warning should act as a reminder to him should he find himself in the same position in the future.