A report from the Executive Director (Operations) is attached.
Minutes:
Licence Holder 08/2021
The Executive Director (Operations) submitted a report relating to Applicant 08/2021 who was in attendance at the meeting. 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 Applicant, was presented by the Licensing Unit Manager and set out the reasons for the Applicant being before the Committee.
The report stated that the Applicant had held a Private driver’s licence continuously since 27th March 2009 until its expiry on 4th June 2021. As part of the renewal process, the Applicant submitted an online application which explains that any traffic offences must be declared irrespective of when they occurred. This applicant selected ‘no’ when asked “Do you have any convictions, fines or formal cautions?” The applicant selected ‘yes’ when asked “Have you been issued with any fixed Penalty notices?”. He then indicated he had been convicted of an offence of speeding in November 2020 and been awarded three points and a £100 fine. This Applicant had therefore failed to declare this motoring conviction within 7 days of the conviction as stipulated in the private hire drivers licence conditions.
The Applicant stated that he accepted the fine and penalty points and informed his insurers straight. However, he advised that due to the pandemic, his hectic life and family stresses he forgot to tell the licensing service. He stated that this was a misunderstanding on his behalf to which he has admitted and he apologised. He also stated that he had not tried to hide the offence and had been working throughout lockdown delivering blood and equipment to hospitals.
Delegated decision:
The Committee carefully considered the report, and oral representations by the Licence Holder. It noted the Applicant’s apology and that he had disclosed the conviction in his renewal application.
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 renew the licence application for a period of 12 months and reminded the Applicant to be aware of all conditions printed on the reverse of the licence which include the responsibility for declaring any future convictions within the timescales.
Licence Holder 09/2021
The Executive Director (Operations) submitted a report relating to Applicant 09/2021 who was in attendance at the meeting. 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 Applicant, was presented by the Licensing Unit Manager and set out the reasons for the applicant being before the Committee.
The report stated the Applicant had previously held a private hire driver’s licence continually since 24th May 2017 until its expiry on the 23rd May 2021. As part of the renewal process the Applicant declared that in August 2020 he had been convicted of speeding for which he was awarded 3 penalty points and was ordered to pay a fine of £100. However, he had failed to declare this motoring conviction within the correct time frame of 7 days from conviction, as stipulated in condition 1 the private hire drivers licence conditions.
The Applicant explained to the Committee that the offence had been committed late at night on the motorway and he had shortly afterwards travelled outside the country due to the death of a relative. When he came back he saw the letter and he forgotten about it due to the pandemic. The Applicant accepted his mistake and apologised.
Delegated decision:
The Committee carefully considered the report, and oral representations by the Applicant. It noted the Applicant’s apology and that he had disclosed the conviction in his renewal application.
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 renew the licence application for a period of 12 months and reminded the Applicant to be aware of all conditions printed on the reverse of the licence which include the responsibility for declaring any future convictions within the timescales.
Licence Holder 10/2021
The Executive Director (Operations) submitted a report relating to Applicant 10/2021 who was in attendance at the meeting. 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 Applicant was presented by the Licensing Unit Manager and set out the reasons for the Applicant being before the Committee.
The report stated that the Applicant was originally granted a private hire drivers licence on 4th August 2005. It was revoked later that year when the client’s licence was revoked by the Licensing and Safety Panel when he was convicted of dishonesty arising from insurance fraud. He was issued with a new private hire driver’s licence on 7th November 2008, which he has been held continuously until its expiry on the 22nd April 2021.
As part of the online application the Applicant selected ‘no’ when asked “Do you have any convictions, fines or formal cautions?” and also selected ‘no’ when asked “Have you been issued with any fixed Penalty notices?” However, checks via the DVLA’s online portal found the Applicant had a conviction in December 2020 for speeding, for which he was awarded 3 penalty points and ordered to pay a fine of £100. The Applicant had therefore failed to declare this motoring conviction within the correct time frame of 7 days from conviction, as stipulated in the private hire drivers licence conditions.
The Applicant explained to the committee that he had tried to complete and submit the online form 3 times and had telephoned the licensing department to report problems he was experiencing with it. He went on to explain that around the time his brother and father had passed away and his mother and another brother were ill in hospital. He had therefore forgot to declare the conviction. He accepted he should have notified the Licensing Service but had forgotten and apologised.
Delegated decision:
The Committee carefully considered the report, and oral representations by the Applicant. It noted the Applicant’s apology.
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 and reminded the Applicant to be aware of all conditions printed on the reverse of the licence which include the responsibility for declaring any future convictions within the timescales.
Licence Holder 11/2021
The Executive Director (Operations) submitted a report relating to Applicant 11/2021 who was in attendance at the meeting. 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 Applicant, was presented by the Licensing Unit Manager and set out the reasons for the applicant being before the Committee.
The report stated that the Applicant has held Private Hire and Hackney Carriage driver’s licences continuously since 8th June 2018 until its expiry on the 7th June 2021.
As part of the online renewal application for both licences, it explains that any traffic offences must be declared irrespective of when they occurred. On both application forms, the Applicant selected ‘yes’ when asked “Do you have any convictions, fines or formal cautions?” and also selected ‘yes’ when asked “Have you been issued with any fixed Penalty notices?”. He then indicated he had been convicted in March 2021 of speeding and was awarded 3 penalty points and ordered to pay a fine of £100. The Applicant had therefore failed to declare this motoring conviction within the correct time frame of 7 days from conviction, as stipulated in the private hire and hackney carriage drivers licence conditions.
The Applicant explained to the meeting that he had tried to book a speed awareness course and had thought there was a longer period of days to declare offences to the Licensing Department. He accepted he had made a mistake but indicated he had got mixed up with timescales relating to notification of accidents and convictions. The Applicant admitted last reading the licensing rules 3 years ago and apologised for the mistake.
Delegated decision:
The Committee carefully considered the report, and oral representations by the Applicant. It noted the Applicant’s apology and that he had disclosed the conviction in his renewal application.
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 renew the licence application for a period of 12 months and reminded the Applicant to be aware of all conditions printed on the reverse of the licence which include the responsibility for declaring any future convictions within the timescales.
Supporting documents: