Agenda item

Mr Giuseppe Maurizio Licata

The Licensing Officer, Phil Cooper, introduced the report concerning the application from Mr Giuseppe Maurizio Licata for a private hire driver’s licence.  He informed members that Mr Licata had convictions which were detailed in the background papers. 

The Officer advised members that Mr Licata had been licensed as a Hackney Carriage Driver in Cheltenham until 2010 when he was convicted of an offence and surrendered his licence.  Since then he had reapplied on 3 occasions for a licence, in 2011, 2012 and 2013, and on each occasion the application was refused by the Licensing Committee who decided Mr Licata was not a fit and proper person to hold such a licence.

Members were advised that Mr Licata had now reapplied and in the background papers were interview notes in which Mr Licata had explained why he felt his application should now be granted.

In response to questions from members, the Officer clarified that the offence happened on 16 November 2009, with the conviction being on 8 February 2010, when Mr Licata was disqualified from driving for 17 months, reduced by 128 days for attending an awareness course, and that his DVLA licence was reinstated in March 2011.  Members were however advised to note that following disqualification, policy recommendations were that at least 5 years free from convictions should normally elapse from the date of the restoration of the DVLA licence before an application is reconsidered – that being 5 years from March 2011.  It was confirmed that Mr Licata continued to drive after the offence, until the conviction.   The Chair reminded members that in the minutes of the Licensing Committee of 8 April 2011, members had been minded to give Mr Licata a shorter ‘waiting period’.

Mr Licata attended the meeting and spoke in support of his application.  He stated that this was the fourth occasion he had reapplied for his licence and that on the first occasion, the committee had given him a ‘two year ban’.  He said 5 years had now passed since the offence and that he had been in the Gulf during this time driving with a clean licence and he felt he was now worthy of having his licence renewed.

Members questioned the two year shorter ‘waiting period’ and the Chair read out the resolution from the relevant meeting in 2011. The Chair pointed out that subsequent to this, in February 2012 Mr Licata was convicted for a drugs offence which had subsequently affected the committee’s decision.

One member clarified with Mr Licata that he was walking and not driving as a licensed taxi driver when the drug offence occurred, and so questioned what bearing that had on the licencing decision today.  The Chair replied that the committee had to decide what weight to give to this situation.

Another member questioned Mr Licata’s comment of having a ‘clean’ driving licence, to which the Officer replied that Mr Licata didn’t have any current points and that if he sent his licence to DVLA the points on it would come off.  However a drink-driving offence, which had incurred a ban but no penalty points, would remain noted on the licence for 11 years.

In summing up Mr Licata said in relation to the drugs offence that he had been going through a bad divorce when he had lost everything and had been unable to see his son.  He was an ex-professional footballer and had been working in the Gulf where rules on drinking and drugs were very strict.  He just wanted to put this phase of his life behind him and get on with his life.

Members adjourned from the Chamber to make their decision at 2.20pm.

Members returned to the Chamber at 2.41pm with their decision.

Before the decision was given, the Chairman reported that the committee had not been of one mind, some believing that the nature of the offences was serious and in exercising leniency this would send out the wrong signal to others, and other members saying that this reflected a bad period five years ago in Mr Licata’s life, that he was now a fit and proper man to drive and to let him move on with his life.

Members had the following recommendations to determine:

1.    Mr Licata’s application for a Private Hire driver’s licence be granted because the Committee is satisfied that he is a fit and proper person to hold such a licence, or

2.    Mr Licata’s application for a Private Hire driver’s licence be refused as the Committee considers him not to be a fit and proper person to hold such a licence.

However the Chair wished to add a condition to No.1 above, that being, if Mr Licata was convicted of any offences of any description, that his licence be reviewed and brought back to committee.

Upon a vote on this amendment, it was 6 for and 0 against.

The Chair also wanted to see proper and continued evidence of insurance – not weekly or pay-as-you-go insurance - and Mr Licata agreed that if a licence was granted and he applied to license a vehicle of his own, or drove another person’s licensed vehicle, he would bring in evidence of his insurance.

Upon a vote, it was (5 for, 5 against) carried on the Chair’s casting vote

RESOLVED, that Mr Licata’s application for a Private Hire driver’s licence be granted because the Committee was satisfied that he was a fit and proper person to hold such a licence, but that if Mr Licata was penalised for any future offences, that his licence be reviewed and brought back to committee.