Issue - meetings

A report by the Assistant Director (Legal and Democratic Services) is attached.

1. Licence holder 22/2018 attended the meeting and was represented by his Solicitor Mr Latif. 

                    The Chair introduced the Panel and outlined the procedure to be followed. The Licensing Unit Manager then presented a report submitted by the Assistant Director (Legal and Democratic Services), which was accepted by the Licence Holder and his Solicitor.

        The report explained that the Licence Holder is a licensed Private Hire driver and his licence is due to expire on 9 August 2019.  On 8 November 2018, a complaint was received from a member of the public regarding this Licence Holder’s driving and conduct.  The complainant alleged he was travelling in his vehicle along Pilkington Way in Radcliffe, a dual carriageway and was in the outside lane and the Licence Holder’s Private Hire vehicle was on the inside.  The Licence Holder’s Private Hire vehicle started to encroach into the complainant’s lane and therefore he sounded his horn to warn the Licence Holder.  The Licence Holder pulled alongside the complainant and wound down his window, shouted obscenities and drove off. 

        Statements were produced from the complainant, a representative of the operator and a voice recording was played at the meeting of the passenger in the Licence Holder’s vehicle at the time of the incident, which confirmed the Licence Holder had shouted abuse at the complainant.

        Mr Latif addressed the Panel and stated that they had requested a signed witness statement to be used as written evidence under section 9 of the Criminal Justice Act from the complainant but this was declined by the Licensing Unit Manager.  He and his client had not had the opportunity to investigate as they were not aware of the complainant or their details as these had not been provided. Mr Latif further stated that in his opinion the personal details of the complainant should have been provided under the Data protection Act.  He stated that the Licence Holder was in fact the victim in this scenario as he had been racially abused by the complainant, for which he wanted to now report this incident to the Police for investigation.

        The Council Solicitor advised the Licensing and Safety Panel that the provisions of the Criminal Justice Act 1967 did not apply in these proceedings as they are regulatory and would in any event only apply in criminal proceedings before the Magistrates Court when served with the requisite notice as per the provision of the legislation. The statements would therefore stand as basic statements.

        In relation to the Data protection Act and GDPR, this was a request for third party personal data and a lawful basis would be required to share

        that information. In view of the fact that the complainant feared reprisals and had refused to consent to the disclosure of his personal data, the only lawful basis would be the public task or public interest basis, which may not be satisfied in view of the concerns he had raised and the effect on such proceedings from a public perspective, particularly as  ...  view the full minutes text for item 11