Agenda item

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

Licence Holder 19/2021

The Executive Director (Operations) submitted a report relating to Licence Holder 19/2021 who attended the meeting with his representative. The Chair made introductions. The Legal Officer 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 set out the reasons for the Licence Holder being before the Panel. 

This applicant has held a private hire driver licence continuously since the 7th April 2004 until its expiry on 20th July 2021. It has been renewed without prejudice until the date of this committee. He submitted an online application to renew his Private Hire driver’s licence on the 14th July 2021.

He submitted an online application and declared a speeding offence from 25th June 2021. A subsequent check of this applicants DVLA driving licence indicated that the aforementioned date was incorrect and the driver held the following convictions:

For the offence in March 2021; the client correctly notified the licensing service within 7 days of receiving his endorsed DVLA licence. However, the licensing service has no record of the offence from August 2020. Consequently, it was not declared within the correct time frame as stipulated in the private hire drivers licence conditions.

Condition 13 of this clients Private Hire Drivers Licence states:

Convictions – If you are formally cautioned for an offence or convicted of an offence you must tell us in writing, within seven days. Write to the Licensing Unit Manager, 3 Knowsley Place, Duke Street, Bury, BL9 0EJ. All 15 conditions relating to a private hire driver are printed on the reverse of the licence. This client was subsequently interviewed by a licensing enforcement officer.

He explained that at the time of the 2020 conviction he thought the licensing service was closed due to the coronavirus pandemic and he was not able to tell anyone. He explained that he was not working at the time. However, his DVLA driving licence was endorsed with penalty points and a fine was issued. He accepts the misunderstanding but thought the licensing service was aware of the 2020 conviction.

Delegated decision:

The Panel carefully considered the report, the additional documentation and oral representations by licence holder 19/2021and taking into account the Council’s Conviction Policy and Guidelines and in accordance with the Local Government (Miscellaneous Provisions) Act 1976, resolved, unanimously to grant the licence for a period of 12 months.

Licence Holder 20/2021

The Executive Director (Operations) submitted a report relating to Licence Holder 19/2021 who attended the meeting with his representative. The Chair made introductions. The Legal Officer 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 set out the reasons for the Licence Holder being before the Panel

This client first held a private hire drivers licence from 7th January 2011 until 6th January 2012. Having let it lapse he has then held a private hire drivers licence continuously from 26th April 2013 until its expiry on 15th July 2021. It has been renewed without prejudice until the date of this committee. He also held a Hackney Carriage Drivers licence from 11th January 2011 until 23rd January 2014 and again from 19th January 2017 until 25th April 2017 He submitted an online application to renew his Private Hire driver’s licence on the 11th June 2021. This client selected yes to the question about convictions, fines or formal cautions and no to the question about fixed penalty notices. He then disclosed a speeding offence. A subsequent check of this clients DVLA driving licence indicated the following conviction: 

This client was subsequently interviewed by a licensing enforcement officer. He explained that he was caught by a fixed roadside traffic camera at night in Liverpool. He explained that he was not working at the time. However, his DVLA driving licence was endorsed with penalty points and a fine was issued. He apologises and states that he has not tried to deliberately mislead the licensing service but was unaware of condition 13 and the need to provide written notification at the time of the offence.

This client has submitted a statement which is attached at Appendix 3 for members consideration.

Delegated decision:

The Committee carefully considered the report, and oral representations by the Licence Holder. 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 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 21/2021

The Executive Director (Operations) submitted a report relating to Licence Holder 21/2021 who attended the meeting. The Chair made introductions. The Legal Officer 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 set out the reasons for the Licence Holder being before the Panel. 

This client has held a private hire driver’s licence continually since 23rd June 2014 until its expiry on the 9th August 2021. It has been renewed without prejudice until the date of this committee. He submitted an online application for the renewal of a Private Hire drivers’ licence on the 10th July 2021.

This client has therefore failed to declare this motoring conviction within the correct time frame as stipulated in the private hire drivers licence conditions.

The Licensing Enforcement Officer contacted this client by email having been unable to reach him by telephone. The client responded stating that he was caught twice on the same day. He took full responsibility and was apologetic having completed the application in a rush and had committed a genuine mistake.

Delegated decision:

The Committee carefully considered the report, and oral representations by the Licence Holder. 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 renew the licence application for a period of 3 years 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.