Decision details

APPLICATIONS FOR PUBLIC/PRIVATE HIRE DRIVERS' LICENCES

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decisions:

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 20/2017 attended the meeting and was represented by his solicitor Mr Ahmed and accompanied by a friend.  The Applicant accepted the report which explained that he had previously appeared before the Licensing and Safety Panel on 3 September 2015 and had been refused a private hire driver licence. The Applicant had appealed the decision to the Magistrates’ Court, but the appeal had been

dismissed and the Applicant was ordered to pay the Council’s costs of £650.

 

The report went on to explain that the Applicant had previously held a private hire drivers licence. In June 2015 checks revealed that he had been convicted of theft on 9 August 2012 at Bury and Rochdale Magistrates’ Court, for which he had been fined £100 with costs of £150 and a victim surcharge of £15. The Applicant, as a Licence Holder at that time failed to disclose the conviction both at the time it was received and upon subsequent renewals of his licence.

 

Mr Ahmed explained that the Applicant had been with a friend in a pub in Bury and his friend had accessed the gambling machine and stolen the money from it.  The Police had viewed CCTV footage from the evening and the Applicant had been identified.  The Police had visited him the week after for information on who had been responsible for the theft but he had refused to disclose the identity of his friend.  However, both were subsequently identified following a police investigation and both were charged with theft and appeared before Bury and Rochdale Magistrates’ Court.  The Applicant entered a guilty plea. 

 

In relation to the issue of failing to declare the conviction, Mr Ahmed explained that he thought it was a minor offence for which he had received a fine and therefore did not need to declare it. In addition, Mr Ahmed explained that the Applicant was dyslexic and struggled to complete forms and had been very depressed and stressed about the conviction, had no issues since the conviction and had a clean driving licence. 

 

The Applicant then addressed the Panel and explained that he was an honest person and had made a mistake.  He no longer drinks and wants to provide for his family financially.  Although he had made a mistake in the past he was now focusing on the future. The Applicant explained that he was very sorry, could not change the past and wanted to look forward. He stated that he is currently working for a PPI company and had learnt so much to do with technology since starting there in February 2016, however, he was not suited to office work and wished to drive taxis for a living once again. He enjoyed driving and interacting with the customers. He had waited until now, 2 years after his last Panel hearing, to return with his Application.

 

His friend, a licenced operator in Bury addressed the Panel and explained that he had known the Applicant for a long time and had never encountered any problems with him and was happy to give a character reference for him.

 

 Delegated decision:

 

The Panel carefully considered the report and the oral representations by the Applicant, Mr Ahmed and his friend 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 20/2017 be granted.

 

The Panel noted that although a serious offence, the conviction was more than 5 years ago. In addition the Applicant had shown remorse and had an otherwise unblemished record.

 

2.   Applicant 21/2017 attended the meeting and was unaccompanied.  The Licensing Unit Manager read the report which was accepted by the Applicant and which explained that as part of an application process for a private hire driver licence, the Applicant had declared a minor speeding conviction in February 2015.  However a further check revealed 14 separate convictions for possessing goods with a false trademark for sale or hire contrary to the Trademarks Act 1994.  The Applicant was convicted at Manchester and Salford Magistrates’ Court for the offences on 7 January 2015 and received a community order on 28 April 2015 and a curfew requirement with electronic tagging and costs of £500 with a victim surcharge of £60.00

 

The Applicant addressed the Panel and explained that he was formally a Director of a company and ran a shop on Bury New Road, Manchester.  Manchester Trading Standards visited the shop and found a number of board games that were not trademarked and were counterfeit.  The Applicant stated that he was not aware of this as he bought them from a wholesaler and they were CE marked and correctly packaged.  The Applicant also explained he currently holds a taxi badge for Rossendale but he would like to drive in Bury as it is nearer his home.

 

The Applicant explained that following the conviction his marriage had broken down and he was now in rented accommodation.  The Applicant acknowledged he had made a mistake but that he really needed a private hire licence to help him financially. He also explained that he had not declared the offences as they had been committed when he was the Director of a company and didn’t think he needed to declare them. The Applicant further stated that he had notified Rossendale of the convictions, but enquiries of that Council by the Licensing Service revealed he had not.

 

Delegated decision:

 

·         The Panel carefully considered the report and the oral representations by the Applicant and taking into account the Council’s conviction Policy and Guidelines and in accordance with the Local Government (Miscellaneous Provisions) Act 1976 and concluded that the Applicant was not a fit and proper person to be driving a private hire vehicle in Bury. The Panel therefore resolved, on a majority decision, that the application for a private hire driver’s licence by Applicant 21/2017 be refused.

 

The Panel noted the following:

 

·         The offence had taken place in September 2013 and the Applicant was convicted in January 2015, less than 3 years ago.

·         The Applicant had failed to disclose the conviction for 14 serious offence

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

 

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 9.40 pm)

 

Publication date: 13/11/2018

Date of decision: 05/09/2017

Decided at meeting: 05/09/2017 - Licensing and Safety Committee

Accompanying Documents:

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