Agenda item

The Executive Director (Operations) submitted a report relating to Licence Holder 19/2020 who attended the meeting. The Chair made introductions. The Legal Officer 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.

Members are asked to address themselves to the question as to whether the applicant is a “fit and proper” person to hold a public / private hire driver licence.

The applicant had previously held a private hire driver’s licence continually since 4^th August 2011 until its expiry on the 3^rd August 2020. He submitted an online application for the grant of a new Private Hire drivers licence on the 11^th October 2020.

When completing the licence 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 this applicants driving licence the following conviction was found:

This applicant has therefore failed to declare this motoring conviction within the correct time frame as stipulated in the private hire drivers licence conditions.

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 applicant was subsequently interviewed by a licensing enforcement officer. He explained that he received notification by post that he had been travelling on the M62 smart motorway at a speed greater than the average speed restriction. He responded to the initial letter but did not get a response. At the end of September he received a further letter indicating that he had been fined £100 and that his licence would be endorsed. He accepted and paid that fine. The applicant accepts he is wholly responsible for the speeding offence and stated that he has not tried to deliberately mislead the licensing service but had made a genuine mistake and failed to fully understand the conditions on his private hire driver’s licence. He had intended to notify the service once his licence had been returned with the endorsements applied. He apologised for not notifying the licensing service.

The applicant was emailed a summary of what had been discussed over the telephone and asked whether he agreed with this or wanted to amend anything. He agreed with the summary which is attached at Appendix 1.

Delegated decision:

The Panel carefully considered the report, the additional documentation and oral representations by licence holder 19/2020and 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, grant the Licence application and to admonish the licence holder as to future conduct.