Agenda item

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

Licence Holder 25/2020

The Executive Director (Operations) submitted a report relating to Licence Holder 25/2020 who attended the virtual meeting.

The Chair made introductions of the panel and the Legal Officer present 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 Licence Holder had previously held a private hire driver’s licence continually since 14th April 2015 until its expiry on the 18th February 2021. He submitted an online application for the renewal of a private hire driver’s licence on the 20th January 2021. The Licensing Service have issued a without prejudice letter in relation to his application to renew his private hire badge and extended his badge until the meeting this evening.  As part of the application the applicant was presented with information shown in the agenda report which had been subject to numerous modifications within the last year.

The online application screen explains that any traffic offences must be declared irrespective of when they occurred. This Licence Holder selected no when asked “Do you have any convictions, fines or formal cautions?”

The Licence Holder also selected no when asked “Have you been issued with any fixed Penalty notices?” Prior to submitting the completed application this applicant was also presented with information on screen which reminded them of the need to show all current endorsements and required him to positively declare that “the information provided by me on this application is true”. The final screen also clearly indicated that 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 applicants driving licence the following conviction was found

This applicant is before the committee for the following reasons: - A) Failing to declare the convictions during his previous licence period as required by condition 13 of a private hire driver’s licence. B) The offence falls within the Conviction Guidelines.

This applicant was subsequently interviewed by a licensing enforcement officer. He explained that the offence had occurred because he failed to stop at a red light in Manchester. He believed the level of the fine related to the time that elapsed between the traffic light turning red and his vehicle triggering the camera. The client had declared the offence on an application which he submitted on the 2nd January 2021; however, having been told to reapply at a later date due to the application being made over one month prior to his badge expiring; he then forgot to include it on the second application. His first application can be found at Appendix 1 in the restricted report. His second application can be found at Appendix 2. The applicant was asked why he had not declared the conviction in 2018 and he explained that he was not aware then that traffic offences were relevant. The applicant was apologetic and stated that he had made a genuine mistake for which there was no excuse. 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 was attached at Appendix 3. The applicant was 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 written documentation and oral representations by licence holder 25/2020. They heard that the applicant had originally disclosed the offence on an application that he had originally submitted, however as it was too early, he needed to re submit. He did this but using his mobile phone to do so. He stated that he couldn’t explain why he had failed to disclose it on the second application. The applicant stated that he was really sorry, he felt bad and had no excuse. The Panel unanimously agreed that this was not a deliberate decision to evade disclosing the offence and taking into account the Council’s Conviction Policy and Guidelines and in accordance with the Local Government (Miscellaneous Provisions) Act 1976, resolved, to grant the renewal application and to admonish the licence holder as to future conduct. A letter would be sent to remind of the correct application process and be worded to reflect the Committees view on this application.