Decision details

The Licensing Unit Manager presented a report submitted by the Assistant Director (Localities) regarding an application for Public/Private Hire Vehicles Drivers’ Licence.

Applicant 16/2017 attended the meeting and was represented by Mr Oakes (The Hackney Drivers Association Ltd).  The Chair outlined the procedure to be followed and the Licensing Unit Manager read the report which was accepted by the Applicant. 

The report explained that the Applicant had been granted a Private Hire Driver’s Licence on 23 September 2013. The Applicant had then appeared before the Panel on 13 February 2014 when the licence had been revoked. On that occasion the Panel heard an allegation that the Applicant had approached a female Civil Enforcement Officer who was on duty at 8.22am and had affixed a fixed penalty notice to the his vehicle for parking in a suspended parking bay on Wellington Road, Bury. The Applicant had approached the Civil Enforcement Officer in an angry manner and used foul language to demand the ticket be taken off his vehicle. The Civil Enforcement Officer had tried to explain the situation but had decided to walk away due to the language being used against her. As she walked away she received a blow to the side of her head causing her hat to fall to the ground. Following this the Civil Enforcement Officer felt a push causing her to stumble forward. Assistance was immediately requested and the Applicant removed his vehicle from the parking bay and left.

The Licensing and Safety Panel had therefore revoked the Applicant’s licence. The Licence Holder then appealed against this decision to the Bury and Rochdale Magistrates Court in July 2014. The Applicant did not appear at the hearing and the appeal was dismissed. The court ordered the Applicant to pay costs of £2050.00 to the Council. The Applicant has since been making periodic repayments with £970 still outstanding.

The Applicant applied for a new Private Hire Licence and appeared before the Licensing and Safety Panel on 19 January 2017. At that time the Panel refused the licence and in particular noted that this was a serious matter and the Applicant at that time had only been driving as a Licensed Private Hire Driver in Bury for 2 months when the incident occurred. The Panel further noted he had shown little remorse for his actions and provided no reassurances to the Panel as to his future conduct. It therefore did not feel confident as to his future conduct, despite the passage of time. The Panel determined the Applicant not to be a fit and proper person.

In line with the Council’s Convictions Policy and Guidelines, the Applicant was advised by the Licensing Unit to wait until 12 months had expired since the revocation before applying for a private hire car drivers’ licence again.

The Applicant and his representative Mr Oakes both addressed the Panel and explained that when the incident that took place incident on 19 November 2013 occurred, the Applicant had been in a great deal of pain due to a medical problem caused by a trapped nerve in his leg. The Applicant admitted being involved in the confrontation with the Civil Enforcement Officer and stated he had lost his temper and hit the Civil Enforcement Officer. He denied pushing or using foul language. Mr Oakes stated that this was not an excuse but a reason why the offence had taken place. The Applicant had been taking pain killers at the time.

Mr Oakes stated that the offence had occurred over 3 years ago. The Applicant stated he did not realise that where he had parked was a suspended parking bay.  He took full responsibility for his actions and regretted his behaviour and hoped he could now be given another chance as a Private Hire Driver.  He stated that he sincerely regretted what had happened and wanted to apologise to the Officer concerned and that in future he would behave in an appropriate manner to individuals carrying out their duties. 

The Chair asked why the Applicant had decided to make his application before the end of the period of 12 months since the revocation in January 2017 as the guidance clearly advises that the Panel would normally refuse any subsequent application made within 12 months unless there are substantial material changes in the individual’s circumstances. Mr Oakes stated that the Applicant had moved on and as a result of the incident and the subsequent revocation and court decision, the Applicant and his family had suffered financially and he was unable to obtain regular employment. Mr Oakes stated that the incident had not resulted in a criminal conviction but that a charge of common assault could have been made against the Applicant. He also stated that there were no pending convictions against the Applicant and that there had been a substantial time that had elapsed since the incident took place, namely 3 and a half years. He went on to state that if acceptable, the Applicant would accept a short term licence with regular checks being made on his conduct and he gave an undertaking there would be no repeat.

The Chair invited members of the Panel to ask the applicant questions.

Delegated decision:

That after carefullyconsidering the written report, the oral representations made by the Licence Holder and his representative, the Panel determined the Applicant not to be a fit and proper person in accordance with the Local government (Miscellaneous Provisions) Act 1976 and therefore resolved that the application for a Private Hire Driver’s Licence by applicant 16/2017 be refused.

The Panel noted the Applicants personal circumstances but found against the Applicant for the following reasons:

·      The offence was of a very serious nature.

·      The Applicant’s licence had been revoked in January 2017 and no evidence was presented to show any substantial material change in circumstances since that decision.

·      The incident had not resulted in a court case for the reason that the Civil Enforcement Officer had not wished to pursue that course of action.

The Applicant was informed of his right of appeal to the Magistrates Court within 21 days.

The meeting then returned to a public session.