Decision details

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

Applicant 35/2017 attended the meeting and was unaccompanied. 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 the Applicant was convicted of battery on 25 March 2013 at Bury and Rochdale Magistrates’ Court and sentenced to a conditional discharge of 12 months with costs of £100 and a victim surcharge of £15.  Further, the report noted that although the conviction fell outside the Council’s Convictions Guidelines, due to the time that had elapsed, the Applicant had been brought before the Panel as he had failed to disclose this conviction on his application form.

The Applicant addressed the Panel and explained that he did not realise that this conviction would still be present on his record, as it was over 5 years ago and he thought the offence would be cleared from his record.

The Applicant explained that the incident occurred in self-defence as he was approached by 2 people he knew, in an aggressive manner.  However, after the incident they shook hands and he presumed that was the end of it, however, the other party made a complaint to the Police and he was convicted of battery.

The Applicant explained that he needs a full time job in order to progress in life.  He was currently working part time as a chef but felt he would be more suited to the more flexible and longer hours and being self-employed, offered by being a taxi driver.  He was very remorseful of the incident that occurred and apologised for not disclosing the conviction, but stated that it was a genuine misunderstanding in not doing so.

                   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 resolved, unanimously, that the application for a Private Hire Driver’s Licence by Applicant 35/2017 be granted.

 The Panel noted that although the offence of battery is serious, the Applicant had shown remorse and understood the seriousness of the matter. The offence and conviction had taken place over 5 years ago and there had been no further convictions since that time.  In relation to not disclosing this conviction, the Panel accepted that the Applicant was genuine in his reasons and that it had been an oversight on his part. The Panel also noted that if the Applicant had declared the conviction, officers would have granted the licence.