Agenda item

APPLICATIONS FOR PRIVATE HIRE DRIVER LICENCE

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

 

Minutes:

Licence Holder 29/2020

 

The Executive Director (Operations) submitted a report relating to Licence Holder 29/2020 who attended the virtual meeting via audio only alongside his son to aid with any translation difficulties.

 

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.

 

The applicant had been continually licensed as a driver since the 12th September 2003. His current licence expired on the 12th March 2021. During that time frame he had held private hire and hackney carriage drivers’ licences. His most recent licence entitled him to drive private hire vehicles.

 

On the 16th March 2021, the applicant submitted an online application for a private hire driver’s licence. Within the application he declared a conviction for battery dating back to the 25th August2020. The licensing service does not have a record of this applicant having ever previously declared this conviction.

 

The applicant has subsequently provided a DBS certificate which indicated the following:

 

Offence

Offence Date

Expiry Date

Sentence

Battery contrary to Criminal Justice Act 1988 s.39

16th March 2020

25th August 2020

Fine £333

Costs £85

Victim Surcharge £33

 

The licensing service was not aware of these offences previously.

 

This applicant was 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.

 

The applicant was subsequently interviewed by a licensing enforcement officer. He explained that the conviction occurred because of an argument that had taken place within the marital home towards the end of his marriage. He explained that during the argument his ex-wife had hit him several times and wound him up. He therefore retaliated which left a mark on her face.

 

When asked why he had failed to notify the service of the conviction, as per his licence conditions, the applicant apologised and explained that he had made a mistake and was not aware of this requirement as he has not been working due to the covid-19 pandemic.  

 

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 to the restricted agenda pack as Appendix 1.

 

The Council’s convictions policy and guidelines state: Members of the Licensing & Safety Panel are required to have regard to Bury Council’s convictions policy and guidelines when considering an application for a private hire or a hackney carriage driver licence.  Members should adhere to the policy and guidelines unless there are exceptional circumstances for them to depart from them.

 

Delegated decision:

 

The Panel heard from the licence holder who stated that he had held a licence for 18 years and would like to continue in this role until retirement.

 

He told the panel that he had not considered that the Licensing Panel would need to know about what he classed as a family problem and apologised. His Solicitor had allegedly informed him that a family matter was not a criminal matter and that he didn’t need to tell licensing. He told the Panel that he understood the conditions of having a licence.

The Panel also sought to clarify what the apology was intended for, either by not informing the Council of the criminal act or the battery incident, he stated he was apologising for not informing the Council.

 

The Panel carefully considered the report, the additional documentation and oral representations by licence holder 29/2020 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, to refuse the Licence application.The panel agreed that the applicant was dishonest and minimised his actions for the offence. The Panel determined that the conviction was less than 3 years old and they had heard nothing that would move them to detract from the licencing policy. Therefore, the panel unanimously agreed that the applicant was not a fit and proper person to be granted a taxi licence. </AI10>

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Before closing the meeting the Chair paid thanks to Members of the panel who were not seeking re-election to the Council at the local elections in early May. She also thanked Council Officers and those members of staff who were leaving the authority.

 

Supporting documents: