A report from the Executive Director (Operations) is attached
Minutes:
Applicant 01/2020
Applicant 01/2020 attended the meeting alone.
The Chair made introductions and Anita Green, Representative 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 a proposed suspension or revocation of a Private Hire Vehicle Driver’s Licence. He advised that document pack page 13 stated the offence was ‘intermediate’ however, he confirmed it is in fact a ‘minor’ offence. The report, which was accepted by the Applicant, explained that the Licence Holder had held a private hire driver’s licence since 17/06/2010. On 5th June 2020 this client made an online application to renew his Private Hire Drivers licence. On the renewal application the following question is asked to declare if he had any convictions, fines or formal cautions. This client answered No to the question. However when a licensing advisor checked the client’s driving licence the following conviction(s) were found:
SP30 Exceeding statutory speed limit on a public road one on the 21/07/2019 and another on the 21/08/2019. When the licensing records were checked, the client had also not informed us of these convictions.
When questioned by the Deputy Licensing Officer on the matter, this client explained that he was going to enter the convictions on the application but he did not attend court so did not know what to enter in the box so did not enter anything and said No instead to the question
When questioned in the meeting by the Licensing Unit Manager, the licence holder advised he did not declare the convictions by mistake as he felt confused by the form.
The license holder was informed if in any doubt he should contact the Licensing Service for assistance to avoid this occurrence and the form states this.
Delegated decision:
The Panel carefully considered the report, the oral and written representations by the Licence Holder and after taking into account Section 61 of the Local Government (Miscellaneous Provisions) Act 1976, resolved, unanimously, to admonish the licensee as to future conduct and reinstate his licence.
The Panel noted that;
· the Licence Holder was honest and consistent in his reason why he didn’t declare
· the Licence Holder was remorseful for his actions
· the License Holder now understands the correct process
Applicant 02/2020
Applicant 02/2020 attended the meeting alone.
The Chair made introductions and Anita Green, Representative 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 a proposed suspension or revocation of a Private Hire Vehicle Driver’s Licence. He advised that document pack page 16 stated the offence was ‘intermediate’ however, he confirmed it is in fact a ‘minor’ offence. The report, which was accepted by the Applicant, explained that the Licence Holder had held a private hire driver’s licence since 21/01/2004.
On 16th April 2020, this client made an online application to renew his Private Hire Drivers licence. On the renewal application the following question is asked, “do you have any convictions, fines or formal cautions”. This client answered No to the question. However when a licensing advisor checked the client’s driving licence the following convictions were found:
SP30 Exceeding statutory speed limit on a public road on the 14/07/2017 and 28/01/2020.
When questioned in the meeting by the Licensing Unit Manager the Licence Holder advised he had confusion with the form and made a mistake.
Delegated decision:
The Panel carefully considered the report, the oral and written representations by the Licence Holder and after taking into account Section 61 of the Local Government (Miscellaneous Provisions) Act 1976, resolved, unanimously, to admonish the licensee as to future conduct and reinstate his licence.
The Panel noted that;
· the Licence Holder was remorseful and believed he made an honest mistake
· the License Holder now understands the correct process
· this issue has occurred more frequently and the root cause could be down to the online application not being clear enough for license holders.
Applicant 03/2020
Applicant 03/2020 attended the meeting and was accompanied by a representative, Charles Oakes.
The Chair made introductions and Anita Green, Representative 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 a proposed suspension or revocation of a Private Hire Vehicle Driver’s Licence. The report, which was accepted by the Applicant and his representative explained that the Licence Holder had held a private hire driver’s licence since 03/07/2014.
On 01st June 2020, this client made an online application to renew his Private Hire Drivers licence. On the renewal application the following question is asked, “do you have any convictions, fines or formal cautions”. This client answered No to the question. However when a licensing advisor checked the client’s driving licence the following convictions were found:
LC20 Driving otherwise than in accordance with a licence on the 04th November 2018.
When questioned in the meeting by the Licensing Unit Manager the Licence Holder advised he believed the declaration was asking for findings from his CRB to which he had nothing.
Delegated decision:
The Panel carefully considered the report, the oral and written representations by the Licence Holder and his representative and after taking into account Section 61 of the Local Government (Miscellaneous Provisions) Act 1976, resolved, unanimously, to admonish the licensee as to future conduct and reinstate his licence.
The Panel noted that;
· the Licence Holder was remorseful
· the license Holder did not intend to be deceitful
· the License Holder now understands the correct process
· this issue has occurred more frequently and the root cause could be down to the online application not being clear enough for license holders.
· The Licensing and Safety Panel would have made the same decision if disclosed when he should have and so the License holder is not benefiting from none disclosure.
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