Havant Borough Council Licensing Sub Committee Meeting

There were no apologies of absence received from members.

There were no declarations of interests relating to matters on the agenda.

LICENSING PANEL

DECISION OF THE MEETING HELD ON 17 MARCH 2025

APPLICATION FOR GRANT OF A COMBINED HACKNEY CARRIAGE & PRIVATE HIRE TAXI DRIVER’S LICENCE

The Panel has considered very carefully the report of the Licensing Officer and all the evidence presented today.

It has given due regard to the Local Government (Miscellaneous Provisions) Act 1976 (“the Act”), Havant Borough Council Taxi Policy including the guidelines relating to the application of the “fit and proper person” test and other considerations of character. The Human Rights Act has been borne in mind whilst making the decision.

Applicant A attended the hearing and with the permission of the Chairman addressed the Panel. 

The panel considered all the facts and has decided that Applicant A is a fit and proper person in accordance with the Act and therefore his combined hackney carriage and private hire taxi drivers’ licence is granted for a period of 3 years. The reasons for this approval are outlined as follows:

Reasons for Decision

The Licensing Officer addressed the panel highlighting the reasons for the hearing.  The panel was referred to the Taxi Policy and guidance around the fit and proper test as it relates to an applicant’s inability to obtain a Certificate of Good Character from a relevant country.

The Panel heard that Applicant A disclosed in his application that he had studied and worked in Australia between 2008 and 2010. As per the policy, the licensing authority requires the applicant to provide a Certificate of Good Character from any country outside the UK that the applicant has spent six continuous months or more since the age of 18 years old. Applicant A has been unable to provide this from Australia.

The relevant section of the Hackney Carriage and Private Hire Licensing Policy states:

3.51. Should an applicant or licensee be unable to obtain a Certificate of Good Character from the relevant country, the reasons for this must be discussed with the Licensing Authority.

Applicant A informed the panel that he has been unable to provide the certificate as he does not have the appropriate documentation required by the Australian government. Specifically, the government requires details of his bank accounts and proof of address at the time he resided there. Applicant A explained that as this was over 15 years ago, he does not have this information anymore. He also stated he lived in shared accommodation during his 2-year studies, therefore it is even more difficult to provide the proofs required.

Applicant A explained that in addition to this, the Australian government only keeps data for 5 years after you have left the country and therefore are also unable to assist. He confirmed that he was an Indian passport holder during his studies and is now a British passport holder, which has made any attempt to obtain any information even more difficult. The Panel asked Applicant A whether any information could be obtained from the institute at which he studied, but Applicant A advised that the College has since shut down so cannot be contacted. He confirmed that he still has his degree and would be happy to provide this.

While Applicant A is unable to provide the relevant certificates, he stated to the panel that his inability to comply with the requirement is through no fault of his own. He reiterated the length of time it has been since he briefly lived in Australia and has provided a certificate from India only because he has a birth certificate so was easier to provide proofs.

The Panel was concerned that the college he achieved his degree in Australia during that period has since closed but ultimately accept that Applicant A cannot provide the Certificate of Good Character through no fault of his own. The panel considered that the relevant period was over 15 years ago and were satisfied that the certificate from India being recent was sufficient. It was also noted that the UK government would have conducted checks from Australia when he first came here, and any issues discovered would have been raised at this point.

The panel considered the evidence as a whole and felt that there was nothing else in the application that would lead them to refuse the license. The panel was satisfied with the applicant’s inability to obtain what was being requested. They considered his representations and felt that he was a fit and proper person within the meaning of the Act.

There is a statutory right of appeal to the Magistrate’s Court of the decision which must be made within 21 days of formal notice.