Decision details

NEW DRIVER APPLICATIONS FOR PUBLIC/PRIVATE HIRE LICENCE

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 Public/Private Hire Vehicles Drivers’ Licences.

 

1.   Applicant 03/2019 attended the meeting and was unaccompanied.  The Licensing Unit Manager read the report, which was accepted by the Applicant. This explained that during the application process for a Private Hire Vehicles Drivers’ Licence, the Applicant had undertaken a Knowledge Test, which tests amongst other things, the Applicants ability to navigate from place to place around the Borough. However, during the test, the Applicant had been asked to leave as a result of his phone going off during the test, audibly referring to satellite navigation routes.

 

                   The Applicant addressed the Panel and explained that he had been using the device to revise routes before the test and had inadvertently forgotten to switch the device off.

 

                   It was reported that the Applicant had since re-sat and passed the test and had complied with all other requirements for his application.

 

                   Delegated decision:

 

                   The Panel carefully considered the report, 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 and resolved, unanimously, that the application for a Private Hire Driver’s Licence by Applicant 03/2019 be granted.

 

                   The Panel noted that although this was a serious allegation, the Applicant had passed the test again with only 3 errors. The Panel agreed that he was a fit and proper person to hold a licence in Bury.

 

2.   Applicant 04/2019 attended the meeting and was unaccompanied.  The Licensing Unit Manager read the report, which was accepted by the Applicant, which explained that during the application process for a Private Hire Drivers Licence, the Applicant had been convicted of driving without insurance and had failed to notify the Licensing Service of this.

 

The Applicant addressed the Panel and explained the circumstances behind the conviction, which related to him agreeing to do a favour for a friend by delivering a takeaway for him, using his friend’s car.  The Applicant had mistakenly assumed his own motor insurance covered him for the journey. He apologised for the error.

 

                   Delegated decision:

 

                   The Panel carefully considered the report, 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 and resolved, unanimously, that the application for a Private Hire Driver’s Licence by Applicant 04/2019 be granted.

 

The Panel noted the circumstances of the offence and that although a serious matter, the Applicant had shown remorse and this was his only driving conviction. The Panel agreed that he was a fit and proper person to hold a licence in Bury.

 

 

3.   Applicant 05/2019 attended the meeting and was accompanied by his wife, his uncle and his aunt to help with the interpretation.  

 

                        The Chair outlined the procedure to be followed and the Licensing Unit Manager presented a report submitted by the Assistant Director (Legal and Democratic Services) which was accepted by the Applicant.

 

                        The report explained that the Applicant had been a licensed Private Hire Driver from 24 February 2015 until 20 October 2017. He came before the Licensing and Safety Panel on 19 October 2017 following a complaint about his conduct, resulting in the revocation of his licence. 

 

                        The complaint came from a female who had booked the Applicant through a Private Hire Operator, who complained that she had noticed that the driver had only one hand on the steering wheel of the car and the other hand was rubbing and grabbing his crotch area.  This continued on a number of occasions throughout the 15 minute.

 

                        The complainant felt that the behaviour of the driver was inappropriate and made a complaint to the operator, the Police and then reported the conduct to the Licensing Service at Bury Council.

                       

                        The report also explained that the Applicant had appealed the decision to the Magistrates Court, who dismissed his appeal and he then appealed to the Crown Court who also dismissed his appeal. It advised that the complainant had attended court on each occasion and that both courts had ordered the Applicant to pay the Councils legal costs, which are still outstanding.

 

                        The Applicant’s aunt spoke initially on his behalf and explained that the Applicant had not intended to cause offence to the passenger and did not mean to make her feel uncomfortable, but that it was a misunderstanding and he was itchy. A character reference from the operator was provided to the Panel along with a mortgage statement highlighting the arrears that had built up as a result of the Applicant not being able to find permanent work since having his licence revoked. The Applicant stated how sorry he was about the incident and that he did not mean to cause any offence.  He asked the Panel to give him another chance.

 

                        Delegated decision:

                                

                   The Panel carefully considered the report and the oral representations by Applicant 05/2019 and his family members 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 refuse to grant the Applicant a Private Hire Driver’s Licence.

 

                   The Panel noted the following:

 

1.   That the allegations were of a very serious nature,

2.   That the behaviour of the Applicant was completely inappropriate,

3.   That the incident was quite recent,

4.   That it was unclear if the Applicant fully understood the effect of his actions or the serious nature of what he had done,

5.   The Applicant had made no effort to pay the Council’s court costs.

                  

                   The Panel agreed that he was not a fit and proper person to hold a licence in Bury.

 

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

 

 

Publication date: 16/08/2019

Date of decision: 25/07/2019

Decided at meeting: 25/07/2019 - Licensing and Safety Committee

Accompanying Documents:

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