Decision details

                    Licence Holder 29/2018 attended the meeting and was represented by Mr Ibrahim, Solicitor. The Chair welcomed the licence holder and introduced the Licensing and Safety Panel and outlined the procedure to be followed. 

     The Deputy Licensing Officer presented a report submitted by the Assistant Director (Legal and Democratic Services). The report highlighted that the Licence Holder had been before the Panel on two previous occasions. On the first occasion in February 2016, the Licence Holder had failed to disclose in his application for a Private Hire Licence, that his Private Hire Licence had been revoked by another authority due to various allegations including inappropriate conduct with a female passenger. This resulted in a verbal warning from the Panel. On the second occasion in March 2017, the Licence Holder appeared before the Panel due to allegations he had stopped and offered to drive a lone female wherever she wanted to go for free. This resulted in a 6 month suspension.

The report outlined details of a matter relating to information received by the Licensing Service on 25 March 2019 relating to an alleged incident on 23 March 2019. The alleged incident related to inappropriate conversation and conduct with a female passenger.

The Licence Holder’s representative accepted the contents of the written report but stressed that the Panel should confine their considerations to the facts of the matter of the 23 March 2019. He highlighted that the alleged incident had not been pursued by the Police and that the Licence Holder had no previous convictions.

        Delegated decision:

                The Panel carefully considered the report, and oral representations by Licence Holder 29/2018 and his representative and taking into account the Council’s Conviction Policy and Guidelines and in accordance with the Local Government (Miscellaneous Provisions) Act 1976, resolved unanimously, to revoke the licence.

     The Panel found as follows:

·         The Licence Holder’s version of events changed over time in that he stated in interview that he could not recall the journey but was made aware of the complaint immediately after completing the job and proactively contacted the Police himself. In addition, his representative advised the Panel that there had ‘undoubtedly been a conversation with a female’ but that he denied making reference to his private parts.

·         The allegations were of a serious nature.

·         There was no reasonable explanation put forward as to why the passenger would lie about the incident.

·         The Licence Holder had previously been suspended for an inappropriate behaviour with a female passenger.

·         The Licence Holder had previously had his licence revoked by another authority for matters including inappropriate conduct towards a female passenger.

·         The Panel was satisfied that the incident took place and that the conduct and behaviour of the Licence Holder towards the complainant was completely inappropriate.

·         That the Licence Holder was not a fit and proper person to hold a licence in Bury.

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