Decision details

APPLICATIONS FOR PUBLIC/PRIVATE HIRE DRIVER 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 (Legal and Democratic Services) 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 7/2018 attended the meeting and was accompanied by Mr Patel,

Solicitor.  The Chair outlined the procedure to be followed and the Licensing Unit Manager read the report, which was accepted by the Applicant and Mr Patel, which detailed a number of major offences and convictions the Applicant had received since 1995 until 2011, which had resulted in fines, community service and also imprisonment.

 

The Applicant explained, through Panel questioning, that in 1995 when he was 16 years of age and at College, his father had a stroke and subsequently passed away shortly after.  This made the Applicant, as the eldest son, the provider for his Mother and siblings.  Unfortunately, this responsibility became too much for the Applicant and he turned to a life of crime, involving drugs and alcohol for which the Applicant was sent to Prison on numerous occasions.  During his time in prison and as he got older, the Applicant began to realise that he no longer had the respect of his children, who refused to call him Father, which upset him deeply.

 

Following his release from Prison in 2011, the Applicant bought a takeaway which was very successful.  Towards the end of 2017 the Applicant’s sister was diagnosed with bowel cancer which meant daily visits for treatment to hospital and the Applicant had to sell the takeaway.  Unfortunately, the sister passed away and the Applicant became responsible for her children as well as his own.  He now works as a delivery driver for the same takeaway but requires a job that allows him flexibility in order to take the children to and

from school and provide for his family.  The Applicant no longer drinks or takes drugs.  He stated he is a changed man but requires this chance in order to provide fully for his family.

 

                  Delegated Decision:

                  

The Panel carefully considered the report and the oral representations by the Applicant and Mr Patel and after taking into account the Council’s Conviction Policy and Guidelines and in accordance with the Local Government (Miscellaneous Provisions) Act 1976 resolved, on a majority decision, that the application for a Private Hire Driver’s Licence by Applicant 07/2018 be granted for a period of 6 months.

 

                  The Panel noted;

·         That all of the offences and convictions the Applicant was guilty of were of a very serious nature,

·         That the Applicant accepted the severity of these offences and was genuinely remorseful for his past actions when he was younger. 

·         That the Applicant is now forty years old and a changed person and the last conviction was over 7 years ago.

·         That the Applicant had openly provided a full history of convictions to the Licensing Unit and had not tried to conceal or deceive Officers.

·         That the Applicant had run a successful business for a number of years.

·         That the Applicant now had responsibilities for his late sister’s children.

 

Therefore, on the information provided by Mr Patel and the Applicant, the Licensing and Safety Panel found that the Applicant was a fit and proper person to hold a private hire driver’s licence in Bury.

 

                  If, after a 6 month period, no further offences had taken place, then the Applicant would be granted a full licence.

 

2.   Applicant 08/2018 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 following an enhanced DBS check, information, which is believed to be relevant to the application for the role of taxi driver by the DBS, is currently held by the Police in relation to this Applicant.

 

The information states that on 31 May 2015, a 31 year old female reported an allegation of sexual assault to the Police.  The allegation is that the female approached a private hire taxi and that the driver, known to be the Applicant, agreed to take her home for £10, although not pre-booked.  The female alleged that she refused to sit in the front with the driver but that he stopped the vehicle under a bridge and reached into the back and grabbed her in an attempt to pull her towards him and then attempted to touch her intimately without her consent.  As a result of feeling scared, the female then got into the front but refused the driver’s suggestion they should purchase some alcohol and claimed that he then attempted to kiss her and touch her without consent, telling her she did not have to pay for the journey.

 

The female then alleged that the driver wanted to take her to a snooker club but she said she needed food first and they went to a fast food restaurant and to the toilet and she called her friend, who arrived at the restaurant and both the taxi company and the Police were called.

 

Following Police enquiries and consideration of the matter by the Crown Prosecution Service, the Applicant was charged with two counts of sexual assault and the case was heard at Manchester City Crown Court on 25 August 2016 but the Jury could not reach a verdict and therefore there was a hung jury.  On 26 May 2017 a re-trial took place and the Applicant was found not guilty and discharged for both counts.

 

The Applicant addressed the Panel and stated that he did pick up the female, which was his mistake and that the fare was not pre-booked and he did agree a fixed fare of £10.  The Applicant said the female wanted food and she jumped into the front of the taxi, not waiting for him to stop the car first.  She had wanted the toilet and he told her to wait until they reached the restaurant and when they arrived there, her friend from earlier in the evening turned up.  The next day he was contacted by the Police.

 

The Applicant stated he has been a full time taxi driver since 2010 with Manchester Council and never had any complaints against him.  He has lived in the UK since 1974 and is hard working and has 4 children and grandchildren to support.   He admits he made a mistake by picking the female up but denies any further allegations made against him.  This has been a very stressful time for the whole family.  The Applicant brought a number of character references to the meeting.

 

Delegated decision:

 

The Panel carefully considered the written report and the oral representations made by the Applicant and with due consideration of the potential effect on the Applicant’s livelihood and family life, 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 08/2018 be refused a Private Hire Driver’s Licence.   

 

The Panel found that:

 

·           Although not convicted, the Panel was satisfied that the version of the events provided by Greater Manchester Police was on balance the version that it would accept.

·           The complainant had gone through the investigation and 2 trials and there was no basis upon which to doubt her version of events.

·           The allegations were sufficiently serious to merit due consideration.

·           Greater Manchester Police believe that despite the Applicant not being charged with any offences, it is directly relevant to a working role with members of the public.

·           The allegation made against the Applicant in January 2015 was of a very   serious nature.

 

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

 

At 10.00 pm the Licensing and Safety Panel agreed to suspend standing orders in order to continue the meeting.

 

3.   Applicant 09/2018 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, which explained that he had been convicted at Bury Magistrates’ Court for an offence of driving a car with no insurance on 16 August 2015, the Applicant had received 6 penalty points on his licence.

 

      The Applicant had explained to the Licensing Officer that he was insured fully comprehensive on his own car which entitled him to drive other vehicles third party.  At the time when he was stopped, he was driving his cousin’s car, however, he did not realise that his direct debit had not been taken and therefore his insurance company had cancelled his policy.

 

      The Applicant addressed the members of the Licensing and Safety Panel and explained that he was sure he was fully insured and had paid via direct debit but that it was a mistake on his part that the direct debit had not been taken as he had not checked it.  He stated that he is a shop keeper and has been for 14 years but competition was such that he wasn’t making enough of a living to support his family.  His son would soon be going to University and he had to pay his mortgage and this would help him financially.

 

      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 09/2018 be granted.

 

      The Panel noted that the offence of driving without insurance was a serious one but that the Applicant had shown remorse and understood the seriousness of the matter.  The members of the Licensing and Safety Panel agreed that the Applicant was a fit and proper person to hold a private hire driver’s licence in Bury.

 

Publication date: 14/11/2018

Date of decision: 02/08/2018

Decided at meeting: 02/08/2018 - Licensing and Safety Committee

Accompanying Documents:

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