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Fit and Proper.....would you grant a license?
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Author:  captain cab [ Mon Mar 01, 2010 7:04 pm ]
Post subject:  Fit and Proper.....would you grant a license?
Consideration was given to a report regarding the grant of a Private Hire drivers licence from an applicant who had a relevant Police Caution. The offence details were ‘possession controlled drug with intent to supply - class C'

Miss SAS had made an application to become a Licensed Private Hire Vehicle driver. As part of the application process a Criminal Record Bureau check was carried out and this revealed a Police Caution dated the 26 April 2005. This was recorded as ‘Possessing Controlled Drug With Intent to Supply - Class C' for an offence committed on 7 April 2005. Following this Miss SAS was invited to the office for an interview in relation to the information we had received and a copy of the record of the interview was available for Members information.

The Police Caution was not declared on her application form as Miss SAS did not believe it to be relevant. She alleged that a previous application had been made to Hartlepool Borough Council where this did not come back on the check that was done by them. The application to Hartlepool was not completed as she had failed to pass the local knowledge test. Checks were made with Hartlepool who could not confirm any details of the application.

Miss SAS had agreed to undertake a formal Drug Screening Test, this was carried out by trained council offices and proved to be negative.

In support of her application, Miss SAS produced a BTEC Award in Transporting Passengers By Taxi and Private Hire. This was undertaken at Northumberland College, which she completed in July 2009. She also had the offer of employment from one of the large Private Hire Companies licensed by this Authority.

Member were reminded that under the provisions of Section 51(1) (a) of the Local Government Miscellaneous Provisions Act 1976 which instructs District Councils not to grant a licence to drive private hire vehicles unless they are satisfied that the applicant is a fit and proper person to hold such a licence. A copy of the Councils adopted guidelines on the relevance of convictions was available for Members information.

Miss SAS was in attendance and was given an opportunity to state her case.

The Committee considered the content of the report and comments made by Miss SAS in relation to the circumstances of her Police Caution for ‘Possession of controlled substance with intent to supply - Class C Drugs'

After retiring to consider their decision the Licensing Committee decided to grant Miss SAS a licence with a written warning regarding her future conduct. In reaching their decision they took into account Miss SAS' previous good character both before and after she received the caution and noted that this was an isolated incident and that over four years have elapsed.
Author:  cabbyman [ Mon Mar 01, 2010 7:22 pm ]
Post subject: 
Yes, given the above. But, the slightest hint of an indiscretion and she'd be on her way.

Give her a chance but zero tolerance.
Author:  towag [ Mon Mar 01, 2010 7:29 pm ]
Post subject: 
cabbyman wrote:
Yes, given the above. But, the slightest hint of an indiscretion and she'd be on her way.

Give her a chance but zero tolerance.


Ditto
Author:  grandad [ Mon Mar 01, 2010 7:45 pm ]
Post subject: 
I agree.
Author:  jimbo [ Mon Mar 01, 2010 8:11 pm ]
Post subject: 
Police cautions only show up on enhanced crb checks.

Are they legal for taxi drivers?

So it would appear that Hartlepool do a standard check, and the other council do an enhanced check.

Also, a Police caution is NOT a criminal conviction.
Author:  Sussex [ Mon Mar 01, 2010 9:09 pm ]
Post subject: 
jimbo wrote:
Are they legal for taxi drivers?

Not according to the CRB hierarchy. :shock:

But I would have allowed the application as well.
Author:  captain cab [ Mon Mar 01, 2010 10:51 pm ]
Post subject: 
I'd refuse.

CC
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