A report from the Executive Director (Operations) is attached.
Minutes:
Licence Holder 17/2021
The Executive Director (Operations) submitted a report relating to applicant 17/2021 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 present had read the report. The report which was accepted by the applicant and the Licensing Manager set out the reasons for the applicant being before the Committee.
This applicant had held a Private driver’s licence continuously since 15th April 2015 until its expiry on 11th April 2021.
On the 6th April 2021 the private hire drivers licence was extended without prejudice until the date of this committee meeting.
The online application 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 also selected no when asked “Have you been issued with any fixed Penalty notices?”
When a licensing advisor used the DVLA’s online portal to check this applicant’s driving licence a conviction (SP30) was found. This applicant had therefore failed to declare this motoring conviction within the correct time frame as stipulated in the private hire drivers licence conditions.
This applicant 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 applicant stated that English was not his first language since arriving in the UK 6 years ago. It was an error on his behalf when completing the online application form as he was not used to computers
The applicant apologised and added that he had visited the Council’s reception area within 7 days to report the points but there was no record to confirm or deny this statement.
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 grant the licence application for a period of 12 months. They informed the applicant that their mitigation was contradictory and reminded the applicant to recognise their responsibility for any licence breaches if any occur in the future.</AI9>
Licence Holder 16/2021
The Executive Director (Operations) submitted a report relating to applicant 16/2021 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 and the Licensing Manager set out the reasons for the applicant being before the Committee.
This applicant had held a Private driver’s licence continuously since 14th June 2018 until its expiry on 13th June 2021. He had submitted an online application for the renewal of a Private Hire drivers licence on the 25th May 2021.
The online application 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 also selected no when asked “Have you been issued with any fixed Penalty notices?”
When a licensing advisor used the DVLA’s online portal to check this applicant’s driving licence a motoring conviction (SP30) was found. This applicant had therefore failed to declare this motoring conviction within the correct time frame as stipulated in the private hire drivers licence conditions.
The applicant also holds a Private Hire Operators Licence which he was first granted on 26th July 2019 for one year. This then expired and he did not licence himself as an Operator again until 3rd February 2021.
The online private hire operators licence application asks “Do you have any convictions, fines or formal cautions?” The applicant also selected no when asked “Have you been issued with any fixed Penalty notices?”
The applicant’s operator’s licence was issued on the 3rd February 2021. The Licensing Service issued a private hire operator’s licence to this applicant due to the fact that the application form did not request the declaration of fixed penalties. Due to this the application was granted due to the requirements being met.
This applicant 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 applicant stated that he was very sorry and had held a clean driving licence for many years. There was no malice in his action and had last read the conditions a couple of years previously.
The Licensing Manager made Members aware of another fine which had recently been given by Greater Manchester Police for obstruction of a pavement and a £30 penalty. The incident happened on the 6th June, although the applicant notified the Deputy Licensing Officer immediately by email and emailed again on the 19th June to inform that the fine had been received.
Delegated decision:
The Committee carefully considered the report, and oral representations by the applicant.
(1) 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 grant the licence application for a period of 12 months. They informed the applicant to report any licence breaches if they occur in the future.</AI9>
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(2) 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 operator as to future conduct but no action would be taken in relation to the operators licence.
Supporting documents: