Agenda item

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

Licence Holder 5/2021

The Executive Director (Operations) submitted a report relating to Licence Holder 5/2021 who attended the meeting with his legal representative. The Chair made introductions and the Council Solicitor outlined the procedure to be followed and clarified that all those in attendance had read the report. The report, which was accepted by the Licence Holder, was presented by the Licensing Unit Manager. This set out the reasons for the Licence Holder being before the Committee.

The report stated that the License Holder had held a Private Hire Driver’s licence since 14^th December 2007 and has a current licence until 21st December 2021. It further stated that the Licence Holder had previously held licences for four private hire vehicles, licensed by Bury Council the first of which was licensed in 2008 and the last of which expired on 15/09/20 and had also completed transfer applications for private hire vehicles in 2008 and 2019. The report went on to outline that on the 25th January 2021 the Deputy Licensing Officer was made aware that the Licence Holder had been using a vehicle for private hire whilst the vehicle was unlicensed. Following an investigation and interview the Licence Holder admitted this offence but advised that he had purchased the vehicle in question and then left the vehicle in his operators car park during a trip abroad. On his return he had applied to extend the vehicles licence and then used the vehicle. He admitted that he had not checked the extension had been granted and accepted the offence and was offered a simple caution which he had accepted and signed on 4th June 2021.  

Representations were made by the Licence Holder’s legal representative, during which it emerged that the witness statement in relation to this case had not been circulated to Members of the committee. The legal representative for the Licence Holder read this statement out on his behalf. He also provided an explanation to the committee that a friend had completed the extension application for the Licence Holder, but he did not check the details and the email address on the application was incorrect. As a result, it was accepted that when the Licence Holder was then emailed on 22nd December 2020 by the Licensing Service to inform him that his application could not be accepted as he was not the licence holder of the vehicle.  However, the Licence Holder did not receive this email due to the email address on the application form being incorrect. He then started work on the 22nd December 2020 without a licence in force.

The License Holder accepted he was aware of the transfer process and the ability to make contact with the Licensing Service to clarify the licence position before using the vehicle. He apologised and said that he had made a mistake and was no threat to the general public.

Delegated decision:

The Committee carefully considered the report, the additional statement presented by the Licence Holder and oral representations by the Licence Holder and his legal representative. It was viewed that this was a serious issue having carried out over 400 journeys without the relevant insurance cover in place and that it was the Licence Holder’s responsibility that all paperwork submitted was correct and up to date.

However, having taken into account the Council’s Conviction Policy and Guidelines and in accordance with the Local Government (Miscellaneous Provisions) Act 1976, the committee resolved to admonish the Licence Holder and warn him as to future conduct.

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