Agenda item

Licence Holder 20/2020

The Executive Director (Operations) submitted a report relating to Licence Holder 20/2020 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.

On 16^th October 2020, a compliant was made to the Deputy Licensing Officer that this client had returned from Pakistan on 13^th October 2020 and had returned to work as a private hire driver when he should be self-isolating for 14 days due to Covid 19 travel restrictions.  

The Deputy Licensing Officer telephoned this client and asked him whether he was working, he replied “no”, she asked if he was aware that he should be self-isolating for 14 days, he replied that he was aware.

The Deputy Licensing Officer then contacted this client’s operator, Elton Bullitt who confirmed that this client had worked on the 15^th October and provided booking records to show that he completed 12 jobs between 5pm and 10.30pm, see Appendix 1.

The Deputy Licensing Officer telephoned this client again. She asked him why he had just lied when asked whether he had been working. He replied that he had a negative test so he could go back to work. The Deputy Licensing Officer advised him that a negative test made no difference to the fact that he must be self-isolating and that as well as obstructing an officer of the Council’s Licensing Service, he had also put members of the public at risk.

The Deputy Licensing Officer then went on to inform him that the matter would be passed to Greater Manchester Police for consideration.

The matter was passed to Bolton Covid unit as the driver does not reside within Bury. A borders checks carried out by them confirmed he had returned from Pakistan, see Appendix 2. An officer from Greater Manchester Police informed the client, on 20^th October 2020, that he would be served with a fixed penalty. The client received the fixed penalty in the post on 4^th November 2020.

In informing the Deputy Licensing Officer that he had not worked the client committed an offence under s73 of the Local Government (Miscellaneous Provisions) Act 1976 which states;

73 Obstruction of authorised officers.

(1)Any person who—

 (c) without reasonable cause fails to give such an officer or constable so acting any other assistance or information which he may reasonably require of such person for the purpose of the performance of his functions under this Part of this Act or the Act of 1847;

shall be guilty of an offence.

The driver stated at the meeting that it was a misunderstanding on his part when he had told the Deputy Licensing Officer that he was not working as he had thought she had meant at that point in time therefore he had answered no. He also explained that he was a father to 5 children, one of which was disabled and his children and wife relied on him to provide for them and pay the mortgage.

The driver stated that he had checked when he was in Pakistan and had been told that he would need a COVID test which he had done and this had come back negative. He wasn’t aware that he also had to self-isolate upon his return.

Delegated decision:

The Panel carefully considered the report, and oral representations by the Licence Holder 20/2020 and taking into account the Council’s Conviction Policy and Guidelines and in accordance with the Local Government (Miscellaneous Provisions) Act 1976, as amended by the Road Safety Act 2006, resolved, on a majority basis, to invoke Section 52 and to suspend the Licence Holder for a period of 6 months with immediate effect.

The Panel found as follows:

·         That the Licence holder had travelled to Pakistan during a worldwide pandemic when it was well known that travel restrictions were in place and self-isolation required upon return.

·         That the Licence holder had lied to the Deputy Licence Officer by stating that he wasn’t working when in fact he was.

·         That the Licence Holder had stated that he was not aware of the rules concerning self-isolation. He also stated that he was not made aware of any rules when he arrived back in the country even though these rules have been in place since March 2020 and have been widely publicised.

·         That the Licence Holder did not realise the seriousness of the public health implications relating to him returning to work straight after his return from abroad.

·         That the licence holder was not a fit and proper person to hold a licence in Bury.

Licence Holder 21/2020

The Executive Director (Operations) submitted a report relating to Licence Holder 21/2020. The Licence holder did not attend the meeting and was represented at the meeting by Mr Charles Oakes. 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’s representative set out the reasons for the Licence Holder being before the Panel.

This client has continuously held a Private Hire Drivers licence since 17^th January 2013. His current licence was granted for a period of three years and is due to expire on the 16^th January 2021.

On the 22^nd October 2020; the Licensing Service received an email from the Private Hire Driver’s Association claiming to be acting on behalf of this client. In the email they disclose the offence of speeding. The email and attachment can be viewed at Appendix 1.

The DVLA’s online portal was accessed to check this client’s driving licence and the following conviction was found:

The client 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.

The client was contacted by the Licensing Enforcement Officer and he stated that he thought he had notified the service at the time of the offence. The applicant was aware of the condition to disclose the conviction but had failed to do so. He has not tried to mislead the licensing service but had made a mistake. He apologised for not notifying the licensing service.

This client 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 2.

The client is before members for consideration to be given as to his suitability to be a private hire driver in Bury.

Delegated decision:

The Panel carefully considered the report, the additional documentation and oral representations by licence holder 21/2020srepresentative and 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 renewal application and to admonish the licence holder as to future conduct.