Agenda item

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

Applicant 18/2020

The Executive Director (Operations) submitted a report relating to Licence Holder 18/2020 who attended the meeting. The Chair made introductions and outlined the procedure to be followed and clarified that all those present had read the report. The report which was accepted by the Licence Holder set out the reasons for the Licence Holder being before the Panel.

This client has held a private hire driver’s licences since 6th August 2003. His most recent Private Hire Driver’s licence commenced on the 4th October 2017 and expired on the 3rd October 2020. Following the expiry of this current drivers licence he submitted a new online application for the grant of a private hire driver’s licence on the 9th October 2020. As part of the application applicants should “include all convictions that you may have including motoring convictions”.

When a licensing advisor used the DVLA’s online portal to check the client’s driving licence the following conviction was found which corroborated the applicants declaration on his application:

Condition 13 of this clients Private Hire Drivers Licence states:

Convictions – If you are formally cautioned for an offence or convicted of an offence you must tell us in writing, within seven days. Write to the Licensing Unit Manager, 3 Knowsley Place, Duke Street, Bury, BL9 0EJ.

This client was subsequently contacted by a licensing enforcement officer. He explained that he was caught by a speed enforcement camera and received notification by post. He stated that he failed to respond to this original notification as he was waiting to find out whether he would be punished by way of points or a speed awareness course. This applicant claims he was never informed and he was subsequently notified that the fine had increased to over £300. He accepted and paid that fine. The applicant accepts he is wholly responsible for the speeding offence and stated that he forgot that he was under a duty to inform the licensing service of the motoring offence. He apologised for not notifying the service. 

Delegated decision:

The Panel carefully considered the report, the additional documentation and oral representations by licence holder 16/2020and taking into account the Council’s Conviction Policy and Guidelines and in accordance with the Local Government (Miscellaneous Provisions) Act 1976, resolved, on a majority basis, refuse the Licence application.

The Panel noted that;

·         The  applicant’s private hire licence expired on 3 October 2020

·         During the period of that licence he should have told the licensing authority about a FPN he received for speeding from July 2019. 

·         Condition 13 of his licence states  all motoring offences should be declared to the authority  and the Policy clearly states that this includes FPN’s.

·         The applicant stated that he forgot

·         It was noted that he had 4 previous warnings/complaints on his licence record.  The Panel took note of those.

·         This was therefore the 5^th matter where the Applicant had shown non-compliance with conditions or road traffic law.

·         The applicant had held a private hire driver’s licence for 17 years in total so it is reasonable to expect him to know the conditions on his licence.  Each driver has a copy of them. 

·         By failing to declare the FPN within 7 days in accordance with Condition 13 the applicant has shown that he is either unwilling or unable to abide by the conditions expected of a private hire driver.  The conditions are imposed to ensure that the licensing authority can monitor the driver’s record and ensure public safety. 

·         For that reason the Panel find that he is not a fit and proper person to hold such a licence.

Applicant 19/2020

The applicant had attempted to gain access to the meeting and was then not contactable. The panel made the decision to adjourn, and move this item for consideration at the next panel meeting on the 26^th November 2020.

It was agreed:

This application be considered on the 26^th November 2020.