Decision details

APPLICATIONS FOR HACKNEY CARRIAGE/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 Private Hire Vehicle 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. 

 

1.    Applicant 37/2017 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 the Applicant had previously held both

hackney carriage driver’s and hackney carriage vehicle licences, granted by Bury Council.  On 5 September 2012 the Applicant had appeared before the Licensing and Safety Panel in relation to an allegation of rape on a female passenger which resulted in his hackney carriage driver’s licence being revoked.   The Applicant appealed the decision to Bury Magistrates’ Court, which was dismissed. Subsequently the Applicant has made new applications for a hackney carriage driver’s licence on 6 October 2014 and again on 11 April 2016 both were considered by the Licensing and Safety Panel and both applications were refused.

 

The Applicant addressed the Panel and explained that he deeply regretted the incident and that it was a mistake.  The Applicant’s friend stated that he realises that having sex in his vehicle was wrong but that it was consensual and he had dropped the female passenger off outside her home afterwards and even been paid for the fare.  The incident had completely tarnished his character.  The whole family and community were aware of the episode and it had been a very difficult time for them all.  It will have repercussions on his future and he is struggling to get another job.

 

The Applicant’s friend explained that the Applicant had a wife and 4 children to support and needed the opportunity now to be able to do so.  He explained that he was of good character and worked regularly for a charity and cared every day for his Uncle, who suffered from muscular dystrophy and was now effectively paralysed from the neck down.  The incident had taken place in September 2012 and the Applicant had been punished and now needed a chance to redeem himself.

                       

                        Delegated Decision:

                  

The Panel carefully considered the written report and the oral representations made by the Applicant and his friend and with due consideration of the potential effect on the Applicant’s livelihood and family life, and taking into account the Council’s Conviction Guidelines, the Panel found that:

 

·         Although not convicted, the Panel was satisfied that the allegations were sufficiently serious to merit due consideration.

·         Greater Manchester Police believe that despite the Applicant not being charged with any offences, as the female had declined to pursue the matter due to the impact the investigation was having on her health, it is directly relevant to a working role with members of the public.

·         The Crown Prosecution Service considered that the evidential burden to prosecute the charge had been met in that there was felt to be a realistic prospect of conviction.

·         The allegation made against the Applicant in July 2012 was of a very serious nature.

·         The Applicant had provided only a limited explanation of his version of events and even based upon that version, he admitted that activities of a sexual nature had occurred in his hackney carriage vehicle on the night in question.

·      That even based on the Applicants version of event, his behaviour had       been unacceptable.

·         Members of the Licensing and Safety Panel had previously revoked the Applicant’s Private Hire Licence and had therefore determined the Applicant not to be ‘fit and proper’

·         Although the Applicant had appealed the Panel’s decision to Bury Magistrates’ Court, this was dismissed.

 

The Panel therefore 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 Applicant identified as 37/2017 be refused a Private Hire Driver’s Licence.  

 

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

 

2.   Applicant 38/2017 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 managed a storage company for accident damaged vehicles and the Applicant had raised an invoice to the insurance company for a vehicle that was being stored by the company, however, the insurance company had failed to pay for the storage costs.  Some months later, the customer with the damaged car was arrested and the invoice was found at the customer’s address.  The Applicant attended a voluntary police interview and was later arrested and charged with an offence of making false representation to make gain for self or another or cause loss to others/expose others to risk.  The Applicant had been convicted on 5 January 2015 and received a suspended imprisonment of 4 months wholly suspended 24 months and unpaid work requirement of 200 hours.

 

The Applicant addressed the Panel and explained that he had completed the unpaid work as quickly as he could. He advised the Panel that he had just been granted a badge for Rochdale Council, however, he was hoping to move to Bury with his family and wanted a badge in Bury.  The Applicant currently works for a PPI call centre.  If he was granted a licence, he explained he had work available.  The Applicant is married with a daughter and needs to work to provide financially for 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 resolved, unanimously, that the application for a Private Hire Driver’s Licence by Applicant 38/2017 be granted.

 

                     The Panel noted that the offence of dishonesty and fraud was serious, however, the Applicant accepted the severity of the offence and was   genuinely remorseful and the conviction was now over 3 years ago.  The Applicant had been granted a badge with Rochdale Council and the Panel agreed that the Applicant was a fit and proper person to hold a private hire driver’s licence in Bury.

 

3.   Applicant 39/2017 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 had been convicted of robbery on 5 January 2012 at Bury and Rochdale Magistrates’ Court and sentenced to a referral order 9 months with costs £80 with £60 compensation.  The offence relates to the theft of a mobile phone from another schoolboy when he was 14 years old.

 

The Applicant addressed the Panel and explained that he was a school boy at the time of the offence and couldn’t really remember the full circumstances of the event.  He had been involved with the wrong crowd at the time and regretted the incident. He stated that he had never been in any trouble since and has been working for the last 3 months for a security firm and as a delivery driver before that. He had gone to college to do engineering and hoped to go back to college in the future.

 

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 39/2017 be granted.

 

The Panel noted that the conviction was 6 years ago, when the Applicant was young and he accepted that the offence was serious.  The Panel agreed that although a serious offence, he was remorseful and understood the implication so the offence and holding a driver’s licence. The Panel therefore decided that the Applicant was a fit and proper person to hold a private hire driver’s licence in Bury.

 

4.   Applicant 40/2017 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 as part of the application process for a private  hire driver’s licence, the Applicant had declared a conviction for an offence of driving a motor vehicle with excess alcohol, for which he was fined £100 with costs of £85 and disqualified from driving for 20 months, reduced to 15 months on completion of a course and a victim surcharge of £15.

 

However, on return of the Applicant’s DBS disclosure, further convictions were revealed, of driving whilst disqualified, escaping from lawful custody, driving a vehicle without due care and attention and using a vehicle whilst uninsured.  The Applicant had been convicted on 28 February 2012 at Bolton Crown Court for these offences and fined.

 

The Applicant addressed the Panel and explained that his cousin had completed the form and he had signed it, as he can’t read or write very well.  He explained the events of the offence on 3 November 2011, that he had been with a friend who was drunk and unable to drive safely and he had driven the car instead, however he was already disqualified following the previous offence in February 2011.


The Applicant stated that he had got married in 2012 and had 2 children and needed to provide for his family financially.  He was currently working as a delivery driver for Domino’s pizza and that since the conviction in February 2012 he had never been in any sort of trouble.

 

He further stated he had put question marks on the form as he was unable to recall the details of the offences. This was confirmed by the Licensing Unit Manager.

 

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 40/2017 be granted.

The Panel noted that although the offences listed were 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 and further that he had tried to recall the details to include on the form. The Panel also noted that if the Applicant had declared the conviction, officers would have granted the licence.     

 

5.     Applicant 41/2017 attended the meeting and was accompanied by his wife.  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 the application process for a private hire driver’s licence, the Applicant had declared a conviction for an offence of driving otherwise than in accordance with a licence and using a vehicle uninsured.  The Applicant was convicted on 14 September 2015 and fined a total of £147 with 6 penalty points on his licence.

 

The Applicant addressed the Panel and explained that he and his wife had moved from Nottingham to Manchester for better job opportunities.  At the time of the conviction, the Applicant had been driving on a UK provisional driving licence whilst converting his Pakistani driving licence to a full UK one.  The Applicant accepted the offence was a mistake on his part but that a private hire driver’s licence would enable him to find a full time job and offer more financial security.

The Applicant confirmed he has held a full UK licence for one and a half years and pointed out that the convictions are now almost 3 years old.

 

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 41/2017 be granted.

 

The Panel noted that although the offences listed were serious, the Applicant had shown remorse and understood the seriousness of the matter. The convictions had taken place almost 3 years ago and there had been no further convictions since that time. 

 

 

Publication date: 14/11/2018

Date of decision: 26/04/2018

Decided at meeting: 26/04/2018 - Licensing and Safety Committee

Accompanying Documents:

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