A report from the Executive Director of Operations is attached.
Minutes:
Applicant 06/2020
The Licensing Unit Manager presented a report submitted by the Executive Director (Operations) regarding the application of a Private Hire Vehicle Driver’s Licence.
Applicant 06/2020 attended the meeting alone.
The Chair made introductions and Anita Green, Legal Services explained the procedure and ensured that the Applicant and members of the Licensing and Safety Panel had all read the report. The report, which was accepted by the Applicant, explained that the client held a private hire driver’s license since 14/05/2010 and has held it continually until its expiry on the 5th April 2020.
On 18th June 2020 the client submitted an application for a Private Hire Drivers licence. On the application the following question is asked, “have you ever been convicted of an offence”. The client answered No to this question.
This client also submitted an enhanced DBS (Disclosure and Barring Service) check along with his application. When a licensing advisor checked this clients DBS the following convictions were found:
Fail to notify change of circumstances affecting entitlement to any benefit payment advantage under the Act on 5/1/13
Social Security Administration Act 1992 s.111A(1A)
Fail to notify change of circumstances affecting entitlement to any benefit payment advantage under the Act on 7/1/13
Social Security Administration Act 1992 s.111A(1A)
Fail to notify change of circumstances affecting entitlement to any benefit payment advantage under the Act on 7/1/13
Social Security Administration Act 1992 s.111A(1A)
Fail to notify change of circumstances affecting entitlement to any benefit payment advantage under the Act on 13/2/13
Social Security Administration Act 1992 s.111A(1A)
Fail to notify change of circumstances affecting entitlement to any benefit payment advantage under the Act on 4/1/14
Social Security Administration Act 1992 s.111A(1A)
Fail to notify change of circumstances affecting entitlement to any benefit payment advantage under the Act on 4/3/14
Social Security Administration Act 1992 s.111A(1A)
When the computer systems were checked, the client had also not informed the Licensing Service of these convictions in writing within seven days as per the Private Hire Drivers Licence conditions.
The applicant stated he was very sorry and he had made a mistake, he confirmed he had not done this deliberately. The applicant stated that his English is not good enough to understand what was required.
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, resolved, unanimously, that the application for a Private Hire driver’s licence by Applicant 06/2020 be refused.
In considering whether the applicant is a fit and proper person to hold a Private Hire Driver’s Licence the panel found the following:-
· The benefit fraud convictions are 3 years old in December 2020
· He breached condition 13 of his licence by failing to declare the conviction within 7 days in 2017
· He failed to notify a change of circumstance on 6 occasions in 2013 and 2014 for his benefit claims
· He failed to declare his 2017 conviction when making his application on 18 June 2020
· This is an accumulation of 8 occasions when he has been dishonest
· The Panel does not accept that his poor English can be accepted as an excuse
· The Policy states that an application will normally be refused where a conviction for benefit fraud is less than 3 years prior to the date of the application.
· The conviction is 3 years old in December 2020, however this is not a true reflection of the facts.
· By failing to declare in 2017 he has given himself the advantage of time since the conviction. If he had declared in 2017 he would have been brought before the licensing and safety Panel for consideration of revocation of his licence there and then
· He should not be entitled to benefit from his failure to disclose and disregard of the condition 13 of his licence.
· He has not given any reason to find that he is a fit and proper person
· The Panel take account of the Policy regarding dishonesty and the position of trust placed in private hire licence drivers.
Applicant 07/2020
The Licensing Unit Manager advised the Committee that Applicant 07/2020 has chosen to move his application to the next committee on the 24/09/2020.
Applicant 08/2020
The Licensing Unit Manager presented a report submitted by the Executive Director (Operations) regarding the application of a Private Hire Vehicle Driver’s Licence.
Applicant 08/2020 attended the meeting and was accompanied by a representative, Mr Marza.
The Chair made introductions and Anita Green, Legal Services explained the procedure and ensured that the Applicant and members of the Licensing and Safety Panel had all read the report. The report, which was accepted by the Applicant and his representative, explained that the Applicant has previously held a Hackney Carriage Driver licence and a Hackney Carriage vehicle licence granted by this Authority. On the 5th September 2012, he 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 licence being revoked. He appealed the Panel decision to Bury Magistrates and his appeal was dismissed.
This client has subsequently appeared before members of the Licensing Safety Panel on the 6th October 2014 and 11th April 2016 seeking consideration as to his suitability to become a Hackney Carriage Driver. On both occasions his application was refused. On the 26th April 2018 he appeared before the Licensing Safety Panel for consideration to become a Private Hire Driver. This application as also refused.
The Applicant’s representative advised that applicant 08/2020 believed he had consensual sexual intercourse and was remorseful for doing this within his taxi. He told the Committee that the act in discussion is not representative of his character, of which he has provided unpaid domiciliary care for a relative.
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 Sexual Offences Act 2003, resolved, unanimously, that the application for a Private Hire driver’s licence by Applicant 08/2020 be refused.
In considering whether the applicant is a fit and proper person to hold a Private Hire Driver’s Licence the panel found the following:-
· The Panel is not satisfied that the applicant is a fit and proper person to hold a private hire driver’s licence
· Regard was paid to the Policy allowing appropriate consideration to matters where there has been a police investigation but no charge
· The Panel accepted the information from GMP
· It was noted that the CPS did not continue with the case on public interest grounds. They had determined that there was sufficient evidence to proceed.
· The allegation was of a very serious offence of rape committed during the applicant’s role as a private hire driver.
· It was noted that the applicant denied rape and he said that the sexual intercourse in the taxi was instigated by the complainant and was consensual. Even if that was accepted the applicant has breached the parameters of acceptable conduct of a professional driver by having sexual relations in his vehicle with a client. It is so serious that the applicant cannot be viewed as a fit and proper person to hold a licence.
· The offence took place in a secluded location at night.
· Taken at its highest it is a very serious criminal offence carrying life imprisonment and at its lowest it is grossly improper conduct by a person in a position of trust, leaving a profound effect on the victim
· The Panel has paid due regard to the submissions made by the applicant but do not find any reason to determine that he is a fit and proper person to hold a licence.
· The Panel considered the prospect that customers could enter his vehicle without prior knowledge of this history. That would be an unacceptable position to place members of the public in. Public safety is paramount. It is the duty of the Panel to protect the public.
· It is significant that the conduct took place in his vehicle and he wants to drive a private hire vehicle again.
· Vulnerable females and other persons classed as vulnerable use taxis late at night. Some may be intoxicated and therefore unable to exercise freedom of choice. The Panel’s decision must reflect that the safety of all vulnerable people has been considered. The Panel has given serious consideration to that issue.
· There is no doubt in the Panel’s view that the applicant is not a fit and proper person to hole a private hire vehicle licence.
Applicant 09/2020
The Licensing Unit Manager presented a report submitted by the Executive Director (Operations) regarding the application of a Private Hire Vehicle Driver’s Licence.
Applicant 09/2020 attended the meeting alone.
The Chair made introductions and Anita Green, Legal Services explained the procedure and ensured that the Applicant and members of the Licensing and Safety Panel had all read the report. The report, which was accepted by the Applicant, explained that the client held a private hire driver’s license since 24/03/2017.
On 5th May 2020 this client made an online electronic application for a Private Hire Drivers licence. This client answered No to the question “do you have any convictions, fines or formal cautions”. However when a licensing advisor checked the client’s driving licence the following convictions were found:
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SP30 Exceeding statutory speed limit on a public road |
19/01/18
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SP30 Exceeding statutory speed limit on a public road |
29/03/18 |
On checking the Licensing system a note was found that the client had telephoned on 10/04/18 to inform us of a SP30 conviction however we have no record of the reporting of the conviction from January 2018.
The applicant advised that he was sorry for not declaring the conviction and as he had previously declared over the phone the January 2018 conviction he believed this was satisfactory. The applicant also advised he is struggling due to the COVID-19 effects on business.
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, resolved, unanimously, that the application for a Private Hire driver’s licence by Applicant 09/2020 be granted.
In considering whether the applicant is a fit and proper person to hold a Private Hire Driver’s Licence the panel found the following:-
· The applicant had already suffered a loss of income due to waiting to come before the committee.
· He rang the Council regarding the first conviction to declare this.
· The applicant advised he will abide by the Licensing rules going forward.