Members RESOLVED that Cllr McCheyne should Chair the hearing.

Members are respectfully reminded that, in determining the matters listed below, they are exercising an administrative function with the civil burden of proof, i.e. ‘on the balance of probabilities’.  The matter will be determined on the facts before the Sub-Committee and the rules of natural justice will apply.

Members were respectfully reminded that, in determining the matters before them, they were exercising an administrative function with the civil burden of proof, i.e. ‘on the balance of probabilities’.  The matter was determined on the facts before the Sub-Committee and the rules of natural justice applied.

The report for this hearing is exempt:   it is not to be published by virtue of Part 1 of Schedule 12 Local Government Act 1972 because it contains information relating to an individual.

The hearing will therefore take place in private session.

An application had been received on 20 May 2020 for the grant of a new Private Hire Operators Licence. This application fell outside the Council’s policy.

Applications were made for an operator’s licence under Local Government

(Miscellaneous Provisions) Act 1976, s55(1). This stated “55-(1) Subject

to the provisions of this part of this Act, a district council shall, on receipt

of an application from any person for the grant to that person of a licence

to operate private hire vehicles grant to that person an operator’s licence:

provided that a district council shall not grant a licence unless they are

satisfied (a) that the applicant is a fit and proper person to hold an

operator’s licence; and (b) if the applicant is an individual, that the

applicant is not disqualified by reason of the applicant immigration status

from operating a private hire vehicle.”

Brentwood Borough Council had a policy contained in the Pre-Licensing

Conditions which an applicant should satisfy before any licence would be

granted.

The Council's Pre-Licensing Conditions stated at 1.1 that “a person being

considered for a Private Hire Vehicle Operator's Licence shall have been

a full time licensed Private Hire Vehicle Driver or Hackney Carriage Driver

within the Borough for not less than TWO years immediately preceding

the first application.” 

Note 2 of the Council's Pre-Licensing Conditions also provided that “All

relevant information will be taken into account when consideration is given

to an application for a Private Hire Vehicle Operator's Licence, and it may

be that the standards and requirements are waived or amended or added

to at the discretion of the Council.”

Note 3 of the Council's Pre-Licensing Conditions also provided that “A

licence will not be issued in the name of a company or partnership if any

officer of that company or member of that partnership would be refused a

licence to drive a Private Hire Vehicle or Hackney Carriage by reason of

convictions recorded against him.”

The Sub Committee should always have regard to the Council's policy but

may depart from its policy in exceptional circumstances should there be

good reason to do so based on the merits of the individual case.

The hearing was necessary because the applicant had not  been a full time licensed Private Hire Vehicle Driver or Hackney Carriage Driver within the Borough for not less than two years immediately preceding the first application

The Sub committee heard representations from the applicant as to how the business would be run and noted that he acknowledged he was not a Private Hire Vehicle nor Hackney Carriage Driver but wished to use local drivers and had provided letters of reference. Recent Basic Disclosures had been provided for him which showed that there were no unspent convictions.

In making their determination Members acknowledged that whilst the applicant did not meet the Pre-Licensing Condition 1.1. they were aware that this condition had been waived for other applicants and decided that it would also be appropriate to do  ...  view the full minutes text for item 593.