Decision details

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 invited to address the Panel separately on their applications and any matters referred to in the Officer’s report.  The Chair outlined the procedure to be followed. 

1.                             Applicant 27/2017 attended the meeting and was represented byMr Ahmed, Solicitor.  The Licensing Unit Manager read the report which was accepted by the Applicant and representative, which explained that the Applicant had been convicted at Greater Manchester Magistrates’ Court on 14 March 2013 for an offence of driving a motor vehicle with excess

alcohol and sentenced to 12 months disqualification and fined £110 with costs of £350 and a victim surcharge of £20.

The Applicant addressed the Panel and explained the circumstances which had led to the conviction, which were that on 11 February 2013 the Applicant had visited a friend for a drink, which was a regular occurrence and he always booked a taxi home.  On this occasion, he was at a female friend’s house and they had an argument and she took his car keys and started to drive his car. She travelled up the road where she had stalled the car at a Give Way. The Applicant stated he opened the car door to stop the female from driving further, when she sounded the horn and started shouting and a neighbour called the Police.  The Applicant had by this time reversed the car to a safer place and was stood outside the car but with the keys in his pocket.  The female initially accused the Applicant of assault but these charges were later dropped.

Following questions from the members of the Licensing and Safety Panel, the Applicant stated that he only chased the female as he was worried for her safety, as she had also been drinking. He further stated he had only reversed the car a short distance to ensure the safety of others as well as his car, due to where the vehicle had been left.  The Applicant also explained that since this incident he has suffered ill health and lost 4 stone.  He has 5 children to support, 2 of which are at University and he felt that not only him but his whole family were suffering.  The Applicant acknowledged that what he did was wrong, was very remorseful for his actions but stated that he had waited until the 5 years since the conviction time was almost complete, before applying for his licence.

Delegated decision:

                    The Panel carefully considered the report and the oral representations by the Applicant and Mr Ahmed and after taking into account the Council’s Conviction Policy and Guidelines and in accordance with the Local Government (Miscellaneous Provisions) Act 1976 resolved, unanimously, that the application for a Private Hire Driver’s Licence by Applicant 27/2017 be granted.

                    The Panel noted that although a serious offence, the Applicant had shown remorse and understood the seriousness of the matter. The offence and conviction had taken place almost 5 years ago and there had been no further convictions since that time.

2.                             Applicant 28/2017 attended the meeting and was represented by Mr Ahmed, Solicitor.

              The Licensing Unit Manager read the report, which was accepted by the     Applicant which explained that the Applicant had been convicted at Bury Youth Court on 18 December 2014 for offences of driving otherwise than in accordance with a licence and using a vehicle uninsured.  The Applicant was fined £290 and given 6 penalty points on his licence.

              Mr Ahmed addressed the Panel on behalf of the Applicant and explained that the Applicant was only 16 years old at the time of the conviction and was very young and naïve. He had been driving his friend’s car who was also with him in the vehicle but when the Police stopped the car he had been driving. He had voluntarily declared the convictions which were committed at the time, due to him time being too young to hold a driving licence. 

              The Applicant currently works as a taxi radio operator but wants to become a taxi driver with the frim he works for. 

                  Delegated decision:

                  The Panel carefully considered the report and the oral representations by the Applicant and Mr Ahmed and after taking into account the Council’s Conviction Policy and Guidelines and in accordance with the Local Government (Miscellaneous Provisions) Act 1976 resolved, unanimously, that the application for a Private Hire Driver’s Licence by Applicant 28/2017 be granted.

                  The Panel noted that although a serious offence, the Applicant had shown remorse and understood the seriousness of the matter. The offence and conviction had taken place over 3 years ago and there had been no further convictions since that time.

3.           Applicant 29/2017 attended the meeting and was represented by Mr Ahmed, Solicitor.

              The Licensing Unit Manager read the report which was accepted by the Applicant and which explained that the Applicant had held a hackney carriage and private hire driver licence until 9 December 2017 and as part of the renewal application process, the Applicant’s driving licence was checked with the DVLA. At that time, it was discovered that the Applicant had been convicted on 6 July 2016 at Manchester Magistrates’ Court of an offence of failing to give information as to identity of driver, for which the Applicant had received 6 penalty points.  The Applicant had not disclosed this conviction.

              Mr Ahmed explained that the Applicant had been a taxi driver with Bury since 2004 and always had a clean record until this offence. It had resulted from the Applicant’s vehicle crossing going through a red traffic light. Although the vehicle in question was registered to the Applicant, it was not he who had been driving on that date.  Unfortunately the circumstances were that his Mother was very ill in Pakistan and the Applicant was regularly visiting her.  However, due to not being at home very much during his Mother’s illness, the Applicant’s post had not been opened and therefore the Applicant had no recollection of the offence, until a bailiff came to his house to collect a fine related to it. 

              Mr Ahmed stated that the Applicant was the head of a large household and the main financial support.  He had not purposely done wrong and had already paid a large fine and received 6 penalty points on his licence. He was very remorseful.

    Delegated decision:

                  The Panel carefully considered the report and the oral representations by the Applicant and Mr Ahmed and after taking into account the Council’s Conviction Policy and Guidelines and in accordance with the Local Government (Miscellaneous Provisions) Act 1976 resolved, unanimously, that the applications for a Hackney Carriage Licence and a Private Hire Driver’s Licence by Applicant 29/2017 be granted.

              The Panel noted that although a serious offence, the Applicant had shown remorse and understood the seriousness of the matter. He also had no other convictions or complaints registered against him during his previous 13 years as a Licence Holder.