Decision details

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

The Applicants were invited to attend the meeting for separate hearings and the Chair outlined the procedure to be followed.  The Applicants were invited to address the Panel separately on their applications and any matters referred to in the Officer’s report. 

1.   Applicant 05/2017 attended the meeting and was represented by Mr Ahmed, Solicitor.  The Licensing Unit Manager read the report which was accepted by the Applicant and their Solicitor which explained that the Applicant had been convicted at Greater Manchester Magistrates’ Court on 19 July 2016 (postponed from 12 July 2016) for failing to provide a specimen for analysis and had been fined £325 and his DVLA Licence endorsed with 10 penalty points with costs of £225 and victim surcharge of £32.  The Applicant had previously held both Private Hire and Hackney Carriage Driver Licences until 4 September 2016.

The Applicant’s Solicitor addressed the Panel and explained that on the date of the offence, 15 March 2016, the Applicant had been picked up in a car, by a friend, near to where they live.  The Applicant got in the vehicle having drunk alcohol, but did not realise that the friend only had a provisional driving licence.  The car was stopped by Police and the Applicant, being classed as in charge of the vehicle, was asked to provide a sample which the Applicant refused and was subsequently taken to the Police station.  The Applicant wrongly thought they could seek legal advice prior to giving a sample which was the reason for the refusal. It was accepted that this was not an excuse for the Applicant’s behaviour but a reason why the offence was committed.  The Applicant had now had to move back home with parents due to financial implications and hadn’t worked for 4 months.

The Applicant also addressed the Panel and explained that the initial conviction date of 12 July 2016 had been moved to 19 July 2016 due to the Applicant having a tooth infection and being unable to attend. 

The Applicant stated they would not have got in the car had they known the driver had only a provisional licence as they would not have jeopardised their licence with Bury Council.  This was the Applicant’s

profession and they really needed a licence to work. 

                              Delegated decision:

                              The Panel carefully considered the report and the oral representations by the Applicant and after taking into account the Council’s Conviction Policy and Guidelines and in accordance with the Local Government (Miscellaneous Provisions) Act 1976 and resolved, unanimously, that the application for a Private Hire Driver’s Licence by Applicant 05/2017 be granted.

                              The Panel acknowledged that failure to provide a specimen was a serious offence, however, the Applicant was genuine in the explanation as to why they had initially been in the car with a driver who was driving on a provisional licence and then subsequently refused to provide a sample.  The Panel agreed that the Applicant was remorseful for their actions and that they were a fit and proper person to be granted a licence in Bury.

2.   Applicant 06/2017 attended the meeting and was unaccompanied.  The Licensing Unit Manager read the report, which was repeatedly interrupted by the Applicant arguing that the information was incorrect throughout.  The Chair asked the Applicant to allow the Licensing Unit Manager to finish the report and then address any issues after.

The Applicant then explained that at the time of the convictions for offences connected with the supply of drugs in 2007, they were young and naive.  In relation to the offence for possession of cannabis in November 2010, the Applicant stated that they had allowed a friend to smoke cannabis in their vehicle, who had left behind two hand rolled cigarettes containing cannabis.  The Applicant had then been stopped by Police and the drugs found.  The Applicant had been convicted at Bury Magistrates’ Court on 22 November 2010 and fined £65 plus costs of £85 and victim surcharge of £15.

In relation to an offence of common assault offence on 23 March 2016, for which the Applicant had received a caution from Greater Manchester Police, the Applicant stated this was not a fight but an argument with a cousin in Bury Town Centre, whom the Applicant had pushed and the cousin had reported the incident to the Police.

In relation to an offence of racially/religiously aggravated intentional harassment/alarm/distress-words/writing on 28 November 2016, for which the Applicant was convicted at Greater Manchester Courts on 16 December 2016 and sentenced to community order until 15 December 2017 with costs of £85 and compensation of £100 and unpaid work requirement victim surcharge of £85, the Applicant explained that this was in respect of having two vehicles registered in their name; one of the vehicles being driven by the Applicants partner who had lost the MOT certificate which had subsequently expired.  Due to the vehicle not having a valid MOT, DVLA did not send a reminder for this vehicle to be taxed which had then also expired. As a result the DVLA took action an authorised Officer clamped the Applicant’s vehicle outside their home. The Applicant stated that they had just woken up and was angry at the clamping and the fact that the Officer was ‘smirking’.  The Applicant denied using any language in relation to race or religion but stated the Officer was a ‘pork pie eater’.  The Applicant stated that they had since apologised to the Officer.

The Applicant explained that they were from a decent family and their Father had worked all his life.  The Applicant has three children to provide for and currently is a part time delivery driver for a Chinese takeaway working nights, however, a Private Hire Vehicle licence would allow more flexibility with working hours and enable them to provide for their family.

The Applicant apologised for being disrespectful to the Panel and Officers of the Council but stated they were frustrated that they had already paid out so much for the licence.  The Applicant went on to state that if the licence was not granted they would not apply for a licence again but wanted a refund for the money already paid to the Council.  The Chair explained the process was the same for every prospective licence holder.

Delegated decision:

The Panel carefully considered the report and the oral representations by the Applicant and after taking into account the Council’s Conviction Policy and Guidelines and in accordance with the Local Government (Miscellaneous Provisions) Act 1976 and resolved, unanimously, that the application for a Private Hire Driver’s Licence by Applicant 06/2017 be refused.

The Panel agreed that these were very serious offences and although the convictions for the drugs offences were almost over 10 years, the Applicant’s attitude was rude, aggressive and very challenging, both towards Council staff and the Panel itself.  The Panel felt that the Applicant showed no perception of his manner or behaviour and took no apparent responsibility for his actions. The safety of the public is paramount and the Panel felt that the Applicant demonstrated a lack of ability to control his temper and was therefore not satisfied that he qualified as a fit and proper person to be driving the public in a private hire vehicle in Bury with such volatile behaviour.

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

COUNCILLOR D JONES

CHAIR

(Note:  The meeting started at 7.00 pm and finished at 9.45 pm)