Agenda and draft minutes

Licensing and Safety Panel
Thursday, 4th June, 2020 1.00 pm

Note: Virtual 

Items
No. Item

LSP.24

DECLARATIONS OF INTEREST

Members of the Licensing and Safety Panel are asked to consider whether they have an interest in any of the matters on the agenda, and if so, to formally declare that interest.  

Minutes:

There were no declarations of interest made at the meeting.

 

LSP.25

MINUTES OF THE LAST MEETING pdf icon PDF 76 KB

Minutes from the 05th March 2020 are attached for approval.

Minutes:

1.   That the Minutes of the Meeting held on 05th March 2020 be approved as a correct record and signed by the Chair.

 

LSP.26

PUBLIC QUESTION TIME

Questions are invited from members of the public present at the meeting on any matters for which this Panel is responsible.

 

Approximately 30 minutes will be set aside for Public Question Time if required.

Minutes:

None.

 

LSP.27

EXCLUSION OF PRESS AND PUBLIC

To consider passing the appropriate resolution under section 100 (A)(4) of the Local Government Act 1972 that the press and public be excluded from the meeting during consideration of the following item of business since it involves the likely disclosure of the exempt information stated.

 

 

Minutes:

That in accordance with Section 100(A)(4) of the Local Government Act 1972, the press and public be excluded from the meeting during consideration of the following items of business since it involved the likely disclosure of information relating to individuals who hold Licences granted by the Authority or Applicants for Licences provided by the Authority.

 

LSP.28

Suspension/revocation of Private Hire Driver Licence

A report from the Executive Director (Operations) is attached

Minutes:

Applicant 19/2019 attended the meeting and was accompanied by a representative, Mr Haider.

 

The Chair made introductions and Janet Witkowski, Head of Legal Services explained the procedure and ensured that the Applicant, his representative and members of the Licensing and Safety Panel had all read the report and his written submissions.

 

The Licensing Unit Manager presented a report submitted by the Executive Director (Operations) regarding the revocation of a Private Hire Vehicle Driver’s Licence.  The report, which was accepted by the Applicant, explained that the Licence Holder had held a private hire driver’s licence since 03/06/2016. On 27/01/2020 the Deputy Licensing Officer received an email from Uber to inform us that they had deactivated their partnership with the Licence Holder, due to a pattern of concerning reports regarding poor / dangerous driving. Details of the complaints was provided which showed three complaints on 28/12/2019, of swerving and breaking unnecessarily whilst trying to look at the road and his satnav, 30/12/19 of reversing up a dual carriageway and 15/01/20 of dangerous driving.As a result of these three complaints, Uber advised that they deactivated their partnership with the client on 16/01/20.

 

The Deputy Licensing Officer then received a further complaint that on 01/02/20 Licence Holders vehicle was in front of the complainant and had made as if it was going to turn and then pulled back out into traffic nearly causing a collision. It did this on three occasions before finally pulling into a side road.

 

The Licence Holder denied all of the complaints against him and explained through his representative, that the car used is a Nissan Leaf which has an E-break, so that when the accelerator is depressed automatically applies the breaks and this is why the applicant believes the customers has wrote that he was breaking excessively.

 

In defence of the second complaint, the Licence Holder stated that the complainant was wrong in that the road was not a dual carriageway but instead it was a single carriage way and there was no reasonable option other than to turn back onto the original road he entered. He further stated that the passenger did not know where they were going and caused the Licence Holder to change direction and he would never reverse on such a road.

 

In relation to the final complaint, the Licence Holder stated he did use signals and mirrors and attempted to turn back onto the road following the correct and safe procedure. He also questioned ow long it had taken to report the matter. In addition the Licence Holder stated he had been driving for over 15 years and that the ratings received from the jobs undertaken through Uber showed that 169 people out of 180 have rated the applicant as a 5 star driver.  He also disputed the reason for leaving Uber stating it was his decisions. However the Licensing Unit Manger did confirm that Uber had directly indicated they terminated the arrangement.

               

                Delegated decision:

 

                The Panel carefully considered the report, the  ...  view the full minutes text for item LSP.28

LSP.29

Application for a Hackney Carriage/Private Hire Driver licence - New

A report from the Executive Director (Operations) is attached.

Minutes:

Applicant 20/2019

 

Applicant 20/2019 withdrew his application.

 

 

Applicant 21/2019

 

Applicant 21/2019 attended the meeting and was accompanied by a representative, Mr Ahmed.

 

The Chair made introductions and Janet Witkowski, Head of Legal Services explained the procedure and ensured that the Applicant, his representative and members of the Licensing and Safety Panel had all read the report and his written submissions. 

 

The Licensing Unit Manager presented a report submitted by the Executive Director (Operations) regarding the application for a Private Hire Vehicle Driver’s Licence. The report, which was accepted by the Applicant, explained that the Applicant had held a private hire drivers licence since 26/02/2015 and had renewed his licence annually until its revocation on 18th January 2018, following a conviction for possession of a controlled drug and the Applicants failure to disclose this to the Licensing Service in accordance with the licence conditions. The Applicant had now submitted a new licence application.

 

The Applicant’s representative addressed the Panel and explained that the Applicant had a turbulent childhood after the death of his father. He had recently married and made a decision to improve himself. He took responsibility for his actions, was remorseful and had shown a lack of judgement in the past. He stated he has stopped using drugs and in light of the current pandemic asked that he be allowed to renew is licence earlier to financially support himself. It was clarified that since 2017 he has had no further convictions or other issues and has worked hard until the pandemic had adverse effects on his employment.

 

When asked why he had not declared the offences he stated that he believed they would show up on his next renewal and he believed he was not obtaining the correct advice due to his naivety at the time. He was sorry for this and stated he understood the requirements and ongoing duties of holding a licence.

 

           Delegated decision:

 

The Panel carefully considered the report, the oral and written representations by the Applicant and his representative 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 21/2019 be granted for a 12 month period.

 

                The Panel noted that;

·         the previous actions of the Applicant were serious.

·         the Applicant had shown remorse and understood his previous behaviour was unacceptable.

·         the Applicant‘s personal circumstances had now changed and he was settled and married.

 

Applicant 22/2019

 

Applicant 22/2019 attended the meeting and was unrepresented.

 

The Chair made introductions and Janet Witkowski, Head of Legal Services explained the procedure and ensured that the Applicant and members of the Licensing and Safety Panel had all read the report and his written submissions. 

 

The Licensing Unit Manager presented a report submitted by the Executive Director (Operations) regarding the application of a Private Hire Vehicle Driver’s Licence. The report, which was accepted by the Applicant, explained that the Applicant had held a private  ...  view the full minutes text for item LSP.29