Private hire driver WINS licence after panel accepts ‘exceptional’ case
- Perry Richardson
- 6 days ago
- 2 min read
A private hire driver licence has been approved despite gaps in overseas background checks, after a licensing panel determined there were sufficient grounds to treat the case as exceptional.
The decision was made at a Fareham Borough Council Licensing Panel meeting on 14 April 2026, where members considered the application of an individual referred to as Mr S.
The applicant was unable to attend the hearing due to a hospital appointment, and the case was therefore considered in his absence. Panel members reviewed the available written submissions and evidence presented by the Licensing Officer before reaching a decision.
A central issue in the case was the absence of a certificate of good conduct covering a period prior to the applicant’s arrival in the UK. The panel was informed that Mr S, originally from Afghanistan, had been unable to obtain the document due to the country’s embassy systems being non-operational and a lack of alternative contacts.
Panel grants licence after finding no UK risk factors and accepting exceptional circumstances
As a result, there was no verified criminal history available for the period before 2007. However, the panel noted that the applicant had lived in the UK since that time without any recorded offences or concerns linked to his DBS or DVLA records.
Members concluded that the absence of any adverse history over a prolonged period in the UK significantly reduced potential risk, particularly in the absence of other safeguarding concerns.
In reaching its decision, the panel applied the “fit and proper person” test under the Local Government (Miscellaneous Provisions) Act 1976, acknowledging that while policy would typically require full background checks, there are circumstances where flexibility is justified.
The panel determined that this case met the threshold for exceptional treatment and approved the application, granting the private hire driver licence.
As with all such decisions, there remains a statutory right of appeal to the Magistrates’ Court within 21 days of formal notice.
