Decision details

The Licence Holders were invited to attend the meeting for separate hearings. They were invited to address the Panel separately and any matters referred to in the Officer’s report. 

1.   Licence Holder 18/2017 was invited into the meeting room and confirmed that he would be representing himself.

The Chair outlined the procedure to be followed and the Licensing Unit Manager presented the report submitted by the Assistant Director (Localities) which was accepted by the Licence Holder. This set out the reasons for the Licence Holder being before the Panel.

The report explained that the Licence Holder had been convicted of an offence of fraud by failing to disclose to the Department of Work and Pensions information that he was working as a self employed private hire driver in receipt of earnings which he was under a legal duty to disclose intending by that failure to make a gain namely £2500 in Employment Support Allowance. The Licence Holder had been convicted in March 2017 and sentenced to a curfew with electronic monitoring as well as being ordered to repay the sum.

The Licence Holder who had been licensed as a Private Hire Driver since December 2013, acknowledged the conviction. He explained that he had been unable to work for 3-4 weeks due to a medical condition in January 2015. After returning to work as a private hire driver he had not informed the Department of Work and Pensions. The Licence Holder reported that he had also been involved in a motor vehicle accident in January 2017 and was still suffering from the injuries he had sustained. He apologised for his actions and explained that at the time his wife was pregnant and was suffering from complications. The Licence Holder also has to provide and care for three children and he stated that the family are suffering as a result of financial pressures. The Licence Holder stated that he had forgotten to notify the Licensing Office of his conviction in March.

The Chair invited members of the Panel to ask the Licence Holder questions.

Delegated decision:

After carefully considering the written report, oral statements from the Licence Holder and taking into account the Council’s Convictions Policy and Guidelines, pursuant to the Local Government (Miscellaneous Provisions) Act 1976, the Panel resolved, unanimously, to admonish Licence Holder 18/2017 as to his conduct but to take no further action.

The Panel noted;

·         That the offence was of a serious nature

·         That the Licence Holder had expressed genuine regret and apologised for his actions

·         That the Licence Holder also acknowledged the severity of his actions and the consequences of not reporting his convictions.

·         The Panel also noted the mitigating factors presented by the Licence Holder.

2.   Licence Holder 17/2017 was invited into the meeting room and confirmed that he would be representing himself.

The Chair outlined the procedure to be followed and the Licensing Unit Manager presented a report submitted by the Assistant Director (Localities) which was accepted by the Licence Holder. This set out the reasons for the Licence Holder being before the Panel.

The report explained that the Licence Holder had appeared before the Panel for the reason that he had received a caution from the Police on 25 June 2014 and had failed to disclose this after the original grant of his Private Hire Drivers Licence on 23 June 2016 and on its subsequent on renewal applications in 2015 and 2016. The caution had been issued for the offence of assault occasioning actual bodily harm (Offences against the person Act 1861 s.47).

The Licence Holder had completed a Disclosure and Barring Service (DBS) check with the Authority on 12 June 2017, at which time the caution was revealed.

The Licence Holder acknowledged that he had received a caution from the Police and explained that this had been the first time he had been in trouble with the law. The Licence Holder stated that the incident leading to the issue caution related to an argument between the Licence Holder and a friend. The Licence Holder had requested his friend to stop smoking cannabis outside of his property in view of the children close by. After refusing to stop smoking an argument ensued which escalated into a physical fight. The Police were called and the friend alleged an assault against the Licence Holder.

The Licence Holder stated that he had not disclosed the caution on his renewal form as he did not understand the question on the form and thought a caution was not serious enough to include because it had not resulted in his attendance at court. He also stated that he did not realise this would show on his DBS.

The Licence Holder explained that as result of his action his family were suffering financially. His wife was pregnant and he had four children to care for and support. The Licence Holder stated that he has a disabled brother that he can no longer take out on trips. The Licence Holder accepted that he had made a mistake and was sorry for his actions.

The Chair invited members of the Panel to ask the Licence Holder questions.

Delegated decision:

After carefully considering the written report, oral statements from the Licence Holder, the written reference from the Licence Holder’s employer and taking into account the Council’s Convictions Policy and Guidelines, pursuant to the Local Government (Miscellaneous Provisions) Act 1976, the Panel resolved, unanimously, that the application for renewal of a Private Hire Driver’s Licence by Applicant 17/2017 begranted.

The Panel noted that;

·         The offence was of a serious nature

·         That the Licence Holder had expressed genuine regret and was sorry for his actions

·         The Licence Holder had no other convictions.

·         The Panel also noted the mitigating factors presented by the Licence Holder.

3.     Licence Holder 19/2017 was invited into the meeting room and confirmed that he would be representing himself. The Panel noted that the Licence Holder had requested an adjournment prior to the hearing in order to obtain legal representation but had decided to proceed without it.

The Chair outlined the procedure to be followed and the Licensing Unit Manager presented a report submitted by the Assistant Director (Localities) which was accepted by the Licence Holder. This set out the reasons for the Licence Holder being before the Panel.

The report explained that the Licence Holder had appeared before the Panel on the basis that he was not a fit and proper person to hold a licence as he had failed to maintain his vehicle appropriately between periodic vehicle inspections. This had resulted in 102 faults/observations being identified during the last five periodic inspections, of which 49 were MOT defined faults, between the period June 2015 and June 2017. Due to the vehicle failing two consecutive vehicle inspections during 2015 the vehicle is currently subject to the maximum of 3 inspections during its current 12 month licence period.

The report went on the explain that the Licence Holder had appeared before the Licensing and Safety Panel on 12 December 2016 for failing to maintain his vehicle and had been admonished as to his future conduct. At that meeting, the Chair had stressed the importance of maintaining his vehicle to a high standard to guarantee the safety of the public. The Licence Holder had given the Panel at that time an assurance that he would purchase a newer vehicle. The Licence Holder explained that the purchase of a new vehicle did not take place as the Licence Holder had carried out renovation work on his home and because of this he no longer had adequate finances to purchase a vehicle. The Licence holder stated that he intended to purchase a new vehicle in November 2017.

The Licence Holder presented a folder containing receipts for work carried out on the vehicle and for the purchase of replacement parts. He stated that he had taken the vehicle for a pre-inspection check and could provide no explanation for the faults found. On questioning, the Licence Holder explained that he had work done to the vehicle carried at garages recommended to him by other taxi drivers, although the garages used did not carry out MOT inspections. He accepted that he needed a new vehicle and was aware that the vehicle needed work doing to it.

The Chair invited members of the Panel to ask the Licence Holder questions.

Delegated decision:

After carefully considering the written report, oral statements from the Licence Holder, the documentation provided and taking into account the Council’s Convictions Policy and Guidelines, pursuant to the Local Government (Miscellaneous Provisions) Act 1976, the Panel resolved, unanimously, that the Private Hire Driver’s Licence held by Licence Holder 19/2017 berevoked with immediate effect.

The Panel noted the following:

·         There were a large number of faults affecting the vehicle

·         Many of the faults were MOT failure faults.

·         Many of the faults could affect the roadworthiness and safety of the vehicle.

·         The vehicle in question had been left in a condition where it was unsafe to the Licence Holder and other members of the public on at least the last two occasions it was tested.

·         The Licence Holder appeared to take no responsibility for the condition of his vehicle and blamed others.

·         The Licence Holder had appeared before the Panel in December 2016 for a failure to maintain his vehicle.

·         The Licence Holder had given the Panel assurances in December 2016 regarding both maintenance of his vehicle and his plan to purchase a new vehicle and he had failed to carry those out.

·         The condition of the vehicle had resulted in the Licence Holder being brought before the Panel again.

·         There was no or no adequate explanation for the failures to maintain the vehicle and certain of the faults should have been obvious to a professional driver.

·         The Panel was not satisfied the Licence Holder was fit and proper to hold a licence.

The Licence Holder was advised of their right of appeal to the Magistrates Court within 21 days of receiving the decision.