A report from the Executive Director (Operations) is attached.
Minutes:
Licence Holder 6/2021
The Executive Director (Operations) submitted a report relating to Applicant 6/2021 who attended the meeting with his legal representative and a family member. The Chair made introductions and the Council Solicitor outlined the procedure to be followed and clarified that all those present had read the report and received the witness statement. 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 Applicant had previously held a private hire driver’s licence continually since 3rd July 2019 until its expiry on the 21st May 2021. He submitted an online application for the renewal of a Private Hire driver’s licence on the 15th May 2021.
As part of the application process any traffic offences must be declared irrespective of when they occurred. The Applicant selected ‘no’ when asked if he had any convictions, fines or formal cautions or had been issued with any fixed penalty notices.
Prior to submitting the completed application the Applicant was reminded of the need to show all current endorsements and to positively declare that the information provided on his application is true. The final part also clearly indicates that applicants should include all convictions they may have including motoring convictions.
Checks via the DVLA’s online portal found the Applicant had a conviction for speeding on 11th May 2020 and his licence had been endorsed with 3 penalty points. The applicant had therefore failed to declare this motoring conviction within the correct time frame as stipulated in the private hire drivers licence conditions and had failed to declare it on his renewal application.
This applicant was subsequently interviewed by the Deputy Licensing Officer. He explained that the offence had occurred due to being caught by a speed camera. The applicant was asked why he had not declared the conviction in 2020 and he explained that he was not aware that he had to. He also stated that he had made a mistake and explained that his son had completed the application for him and had not put the points information on the form. This was stated again before the Committee.
As a point of clarity in response to comments made by the applicant’s legal representative, the Council’s legal officer provided the definition of a conviction which includes a fixed penalty notice under the licensing policies.
Delegated decision:
The Committee carefully considered the report, the witness statement presented by the Licence Holder and oral representations by the Licence Holder and his legal representative. The Committee noted that it is for the Applicant to take responsibility for providing accurate information on their application and reminded the Applicant that help and advice was available from the Licensing service.
Taking into account the Council’s Conviction Policy and Guidelines and in accordance with the Local Government (Miscellaneous Provisions) Act 1976, the Committee resolved to grant the licence application for a period of 12 months.
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Licence Holder 3/2021
The Executive Director (Operations) submitted a report relating to Applicant 3/2021 who attended the meeting accompanied by a family member. The Chair made introductions and the Council Solicitor 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, 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 Applicant was first granted a private hire driver’s licence on the 28th August 2003. His current private hire driver’s licence was issued on the 19th April 2018 and expired on the 18th April 2021. He was first granted a private hire operator’s licence on the 31st December 2008. His current private hire operator’s licence was issued on the 27th April 2021 and expires on the 26th April 2022.
On the 21st April 2021 the Applicant submitted two private hire applications, one for a private hire driver’s licence and one for a private hire operator’s application. As part of the application process, the Applicant was asked to declare any convictions. The on-line system used explained that any traffic offences must be declared irrespective of when they occurred. The Applicant made no declarations and operators licence was issued.
In relation to the Applicant’s online application for a new Private Hire driver’s licence, the Applicant was again asked to declare that any traffic offences must be declared irrespective of when they occurred. To this the Applicant selected yes and disclosed two fixed penalties for speeding in April and May 2021 for which he received 3 penalty points for each and was fined £100.
The Licensing service had no record of the above offences. Consequently, the Applicant has failed to declare these motoring convictions within the correct time frame as stipulated in both the private hire drivers licence conditions and private hire operator conditions.
The Applicant was subsequently interviewed by a licensing enforcement officer. He explained that the circumstances around the two offences but stated that he was unaware of the requirement to tell the licensing service in writing of any motoring convictions and believed the requirement only extended to accidents or incidents. He stated that he was very sorry for his actions.
Members of the Licensing Safety Committee were made aware of previous case in 2012 when the Applicants operators licence and private hire drivers licences were suspended after he was convicted of operating a private hire vehicle without holding a private hire operators licence and driving a private hire vehicle without the requisite insurance.
The Applicant addressed the Committee and provided background information in relation to his recent serious ill health which was covid related and had impacted on him managing the business. He indicated that he also employs 3 drivers who were also impacted. A family member who was in attendance at the meeting reported he had completed the online applications on behalf of the Applicant and mistook the question relating to convictions as criminal acts. The Applicant offered his apologies for the mistake and stated he would be more vigilant in the future so the mistake would not happen again.
Delegated decision:
The Committee carefully considered the report, oral representations by the Licence Holder and his family member. They acknowledged the personal circumstances involving the Applicant and the impact of his health in relation to the situation that he found himself in. A reminder was also made that speeding is a form of conviction and this was stated on the back of his licence.
Taking into account the Council’s Conviction Policy and Guidelines and in accordance with the Local Government (Miscellaneous Provisions) Act 1976, that the committee resolved to:-
(1) Grant the licence application for a period of 12 months and to admonish the Licence Holder as to future conduct.
(2) No action would be taken on his private hire operator’s licence issued in Bury.
Supporting documents: