Decision details

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

Applicant 23/2017 attended the meeting and was accompanied by a friend.  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 as part of an application process for a private hire drivers licence, the Applicant had declared two convictions which were; committing an act with intent to pervert the course of justice for which the applicant had been sentenced to a community order of 12 months unpaid work, with a requirement to undertake 60 hours and £250costs; and conspiring/concealing/disguising/converting/transferring or removal of criminal property, for which the Applicant had been sentenced to 3 years imprisonment and confiscation of £20,000.

The Applicant addressed the Panel and explained that he wanted to move his family to Bury. 

In relation to the first conviction, which was in May 2010, he explained that this related to a speeding ticket that the Applicant had received through the post.  The Applicant gave this ticket to a friend of a friend who ran a claims firm and paid them the money for the fine, believing they would handle this on his behalf.  However, this company did not pay the fine and the Applicant was one of 150 – 200 people involved in a large Court case.  The Applicant was advised by his Solicitor to plead guilty. As he was at that time a licensed private hire driver in another area, his licence was revoked, although he reapplied one year later which was granted.

In relation to the second conviction in November 2013, , the Applicant explained that this was brought about through association with his brother in law who was collecting money from people around the country and which was being laundered through a money transfer shop.

His brother in law’s car was pulled over on the M1 by the Police who found the Applicant’s phone number on his mobile phone. The Applicant stated that he thought his brother in law worked for a car company and had no knowledge of any money laundering.  The Applicant stated his first trial resulted in the jury failing to reach a unanimous decision. At the retrial, however, the second jury found him guilty

The Applicant explained to the Licensing and Safety Panel that he wanted to make a fresh start with his family in Bury.  His son is at University and his daughter is in High school.  He is currently working as an interpreter for the NHS, however, this is not providing enough financially for him and his family.

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, on a majority basis, that the application for a Private Hire Driver’s Licence by Applicant 23/2017 be refused.

The Panel noted the following:

·         These were serious offences of dishonesty

·         The Applicant had received sentences in keeping with the seriousness of the offences including imprisonment

·         That the Applicant licence with another authority has since been revoked

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

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