By Richard Whitehouse - Local Democracy Reporter

A taxi driver who lost their Hackney carriage and private hire licence after being convicted of stalking has lost his bid to get the licence back.

The driver had their licence revoked in April 2021 after being convicted of stalking and had made an application for a new licence.

Cornwall Council's miscellaneous licensing committee made the decision at its meeting on July 22nd for which the minutes were recently published. The committee considered the application in private session due to the disclosure of private information during the proceedings.

Members heard that the applicant, identified only as CD235, had been convicted an offence of stalking and causing a female alarm or distress which had a substantial adverse effect on her usual day-to-day activities, by sending that female messages, parking near her house, attending her workplace and making complaints to her employer between June and October 2019.

The applicant had been sentenced in March 2021 to 12 weeks imprisonment, suspended for 24 months, with 100 hours of unpaid work, 25 rehabilitation activity requirements and a restraining order imposed for five years. Following the conviction, the taxi driver had their licence revoked with immediate effect by the council in April 2021.

At the meeting in July, the committee was asked to consider a new application from CD235 for a Hackney carriage and private hire driver's licence. The committee refused the application as they did not think he was a "fit and proper person".

They said that this was due to the seriousness of the offending, the length of time of the offending and a concern that the restraining order "could seriously impair the applicant's ability to function as a taxi driver and if licensed his driving could cause him to breach that order". They also noted that the suspended sentence was still operative.

In addition, the committee highlighted a report from the council's HR and resourcing and safeguarding lead from April 2021 which stated: "The conviction is very serious and extremely alarming in the role of a taxi driver – where …[the applicant] would have access to vulnerable people within his role. I would recommend revoking the taxi licence with immediate effect to ensure…Cornwall Council are fulfilling…[its] duty to safeguard the most vulnerable groups of our communities."

The committee also considered a letter from the Probation Service which said that the applicant had not been in a "good place" but the service had received "excellent feedback" and the applicant had complied with all requirements. The probation officer said that it would be a benefit to the application to have "his licence as soon as practicable".

However, the minutes stated that while "it would be of benefit to the applicant to be licensed, members had to consider public safety". It adds: "Members had to consider that the applicant would be in a vehicle alone with members of the public some of which would be vulnerable."

Councillors had to consider whether they would allow someone they care for to travel alone in a vehicle drive by the applicant and said that taking all relevant matters into consideration, they would not.