Decision details

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

1.   Applicant 11/2017 attended the meeting with his wife.  The Licensing Unit Manager read the report which was accepted by the Applicant. 

The Applicant and his wife both addressed the Panel and explained that the conviction possession of criminal property, for which he received a sentence of 15 months imprisonment, related to the actions of  the Applicants brother-in-law who had used his property for the purpose of criminal activity. The Applicant stated that he had been unaware of the actions of his brother-in-law despite his home being used to store a substantial amount of money. Both the Applicant and his wife stated that they no longer had contact with the brother-in-law/brother.

Delegated decision:

That after carefullyconsidering the written report, the oral representations made by the Licence Holder and his wife, 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 11/2017 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 and was equivalent to an offence of dishonesty.

·         The Applicant had been given 15 months imprisonment.

·         The Applicant showed no remorse or contrition.

·         There was a lack of mitigating facts put forward by the Applicant.

·         That being unaware of the criminal activities of a family member within the Applicant’s property was not a reasonable defence of such a serious offence.

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

2.   Applicant 12/2017 attended the meeting and was represented by his solicitor Mr Ahmed.  The Licensing Unit Manager summarised the report, which was accepted by the Applicant. The report explained that the Applicant had purchased car insurance through a student classmate which had been invalidated due to an incorrect date of birth being provided. The Applicant explained that he had wrongly trusted his classmate, who worked part time as an insurance broker, to apply for the insurance on his behalf online. He had been provided with a certificate of insurance but when he was stopped by the police, they revealed to him the policy was invalid as the classmate had provided incorrect details as to the Applicants date of birth. As a result he was fined £660 and given 6 penalty points.

Delegated decision:

The Panel carefully considered the report, the oral representations by the Applicant and his solicitor 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, , that the application for a Private Hire Driver’s Licence by Applicant 12/2017 be granted.

The Panel noted that the Applicant was remorseful and stated he had learnt a lesson and that he wanted to work to pay for his studies. Although the conviction was recent the Panel felt he had been mislead by a fellow student.

3.   Applicant 13/2017 attended the meeting and was unaccompanied.  The Licensing Unit Manager summarised the report, which was accepted by the Applicant. This explained that the Applicant had had a previous Private Hire Drivers Licence revoked by another Authority, as he breached the Authority’s intended use policy by working in another Authority’s area.  The Applicant acknowledged his actions were wrong and explained that he had breached the conditions of his previous licence by driving outside of the Borough due to exhaustion as he was working as a joiner during the day and then as a Private Hire Driver at night. The Applicant expressed regret and sorrow for his actions and explained the financial difficulties he was facing, as he had lost a previous business and had a large amount of debt. He went on to explain he was trying to provide for his family.

Delegated decision:

The Panel carefully considered the report, the oral representations by the Applicant and the documents produced to the Panel regarding the Applicant’s outstanding debt and after taking into account the Council’s Conviction Policy and Guidelines and in accordance with the Local Government (Miscellaneous Provisions) Act 1976 resolved, that the application for a Private Hire Driver’s Licence by Applicant 13/2017 be granted.

The Panel noted the seriousness of failing to abide by the terms and conditions associated with a licence, but also noted the Applicants remorse and difficult financial situation.

4.   Applicant 14/2017 attended the meeting and was accompanied by his employer, the owner of a local taxi firm.  The Licensing Unit Manager summarised the report, which explained that as part of the application process for a Private Hire Drivers Licence, applicants are required to undertake and pass a ‘knowledge test’ of the locality. The Applicant had allegedly been found cheating on tests two and four of the five licence knowledge tests which he had undertaken.  The Applicant denied cheating on test two but did acknowledge that he had taken in some revision papers into the exam room during test four. He explained that he was panicking as a result of failing previous tests and needed to ensure he could gain a licence as his current licence in Rossendale was due to expire. He accepted he had made an error of judgement and had been driving under his Rossendale licence for 3 years without complaint or issue.  

Delegated decision:

The Panel carefully considered the written report, the oral representations made by the Applicant and his employer and in accordance with the Local Government (Miscellaneous Provisions) Act 1976 and taking into account the relevant policy and the Council’s Conviction Guidelines, the Panel determined that Applicant 14/2017 was a fit and proper person and resolved to grant the application for a Private Hire Drivers Licence for a twelve month period.  The Applicant would not need to appear before the Panel again after this time if there was no breach of the conviction guidelines or other complaints against him during that period.

The Panel noted the seriousness of the Applicants action, but also noted his past history and personal circumstances and accepted that he made an error of judgement.

COUNCILLOR D JONES

CHAIR

(Note:  The meeting started at 7.00 pm and finished at 10.10 pm)

(Note: The Panel voted to suspend Council Procedure Rule 9.6, in order to allow the meeting to proceed beyond 10pm in order for the business before the Panel to be concluded).