A report from the Executive Director (Operations) is attached.
Minutes:
Licence Holder 15/2021
Councillor Trevor Holt Chaired the meeting for this application only.
The Executive Director (Operations) submitted a report relating to Licence Holder 15/2021 who was in attendance at the meeting along with Mr Ahmed 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 was accepted by the Licence Holder and the Licensing Manager set out the reasons for the Licence Holder being before the Committee.
The report stated the licence holder had held a private hire driver’s licence continually since 8th December 2003 until its expiry on the 20thMay 2022. He emailed the licensing department on 27th May 2021 to inform them that he had received two motoring convictions (SP30) following an email sent to all licensed drivers to remind them of the conditions attached to their licence. This licence holder had therefore failed to declare this motoring conviction within the correct time frame as stipulated in the private hire drivers licence conditions.
This licence holder was subsequently interviewed by the Licensing Enforcement Officer and he explained the background to the offences which was detailed in the report attached to the agenda packs.
The licence holder and his legal representative explained at the meeting that he had been involved in an accident as a pedestrian not long after the second offence took place. This had resulted in four operations and medical paperwork had been presented to the Chair. He had also experienced family problems and non-disclosure of the offences was a mistake for which he submitted apologies and stated it would not happen again. He also thought the email from the Licensing Department which he replied to on the same day was an amnesty to declare any past convictions that may have not been declared.
Upon questioning by the Licensing Manager he admitted last reading the licensing rules a number of years ago and apologised for the mistake.
Delegated decision:
The Committee carefully considered the report, and oral representations by the Licence Holder and his legal representative.
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 admonish the licensee as to future conduct and reminded the applicant to recognise the responsibility for declaring future convictions within the timescales printed on the licence.
Licence Holder 07/2021
The Executive Director (Operations) submitted a report relating to Licence Holder 07/2021 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 in attendance had read the report. The report was accepted by the Licence Holder and the Licensing Manager set out the reasons for the Licence Holder being before the Committee.
Members were reminded this matter was scheduled to be heard on the 8th July 2021, but a request by the licence holder for an adjournment was granted due to working commitments
The report stated the licence holder had held a private hire driver’s licence continually since 22nd December 2019 until its expiry on the 22nd December 2022. He emailed the licensing department on 1st June 2021 to inform them that he had received a motoring conviction (SP50) following an email sent to all licensed drivers to remind them of the conditions attached to their licence. This licence holder had therefore failed to declare this motoring conviction within the correct time frame as stipulated in the private hire drivers licence conditions.
This licence holder was subsequently interviewed by the Licensing Enforcement Officer and he explained the background to the offence which was detailed in the report attached to the agenda packs.
The licence holder explained at the meeting that he had tried to arrange a speed awareness course which after attending would have resulted in no points being attributed to his licence and no need to declare the conviction. After trying to arrange this via central ticket office without any success after a number of days he apologised for the mistake.
Upon questioning by the Licensing Manager, he confirmed he had read the licensing rules and this incident would not happen again.
Delegated decision:
The Committee carefully considered the report, and oral representations by the Licence Holder.
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 admonish the licensee as to future conduct and reminded the applicant to recognise the responsibility for declaring future convictions within the timescales printed on the licence.
Licence Holder 12/2021
The Executive Director (Operations) submitted a report relating to Licence Holder 12/2021 who was in attendance at the meeting along with Mr Khan 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 was accepted by the Licence Holder and the Licensing Manager set out the reasons for the Licence Holder being before the Committee.
A witness statement in relation to this case had been circulated to Members of the committee.
The report stated the licence holder had held a private hire driver’s licence continually since 26th September 2013 until its expiry on the 15th October 2022. He emailed the licensing department on 27th May 2021 to inform them that he had received a motoring conviction (SP30) following an email sent to all licensed drivers to remind them of the conditions attached to their licence. This licence holder had therefore failed to declare this motoring conviction within the correct time frame as stipulated in the private hire drivers licence conditions.
This licence holder was subsequently interviewed by the Licensing Enforcement Officer and he explained the background to the offence which was detailed in the report attached to the agenda packs.
The licence holder and his legal representative explained at the meeting that he thought he had to inform of conviction only upon renewal of the licence and when the Licensing email was received, he realised his mistake and declared the offence. The licence holder upon questioning stated he had read the conditions.
The Licensing Manager advised that if the licence holder was unsure of the conditions, then the licensing department could have been contacted to advise as they offer help and support.
As a point of clarity in response to comments made by the licence holder’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, and oral representations by the Licence Holder and his legal representative.
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 admonish the licensee as to future conduct and reminded the applicant to recognise the responsibility for declaring future convictions within the timescales printed on the licence, not just at the start or renewal stage but throughout the licence duration.
Licence Holder 13/2021
The Executive Director (Operations) submitted a report relating to Licence Holder 13/2021 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 in attendance had read the report. The report was accepted by the Licence Holder and the Licensing Manager set out the reasons for the Licence Holder being before the Committee.
The report stated the licence holder had held a private hire driver’s licence continually since 30th October 2007 until its expiry on the 23rd January 2023. He emailed the licensing department on 3rd June 2021 to inform them that he had received a motoring conviction (SP30) following an email sent to all licensed drivers to remind them of the conditions attached to their licence. This licence holder had therefore failed to declare this motoring conviction within the correct time frame as stipulated in the private hire drivers licence conditions.
This licence holder was subsequently interviewed by the Licensing Enforcement Officer and he explained the background to the offence which was detailed in the report attached to the agenda packs.
The licence holder explained at the meeting that the incident by was an oversight on his behalf due to having a lot on in January. He stated he understood the licensing conditions and confirmed that he had re-read the terms and conditions again to refresh himself with them.
Delegated decision:
The Committee carefully considered the report, and oral representations by the Licence Holder.
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 admonish the licensee as to future conduct and reminded the applicant to recognise the responsibility for declaring future convictions within the timescales printed on the licence.
Licence Holder 14/2021
The Licensing Manager informed the committee that licence holder 14/2021 had requested an adjournment due to being poorly in hospital in another part of the country which had prevented him attending the meeting.
Delegated decision:
That the Committee passed on their best wishes and the case be adjourned until the next meeting in September.
Supporting documents: