Issue - meetings

A report by the Assistant Director (Localities) is attached.

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  ...  view the full minutes text for item 507