A report from the Executive Director (Operations) is attached.
Minutes:
Licence Holder 18/2021
The Executive Director (Operations) submitted a report relating to Licence Holder 18/2021 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 Unit 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 24th October 2018 until its expiry on the 23rd October 2021. He had also held a private hire operator’s licence since 21st August 2020.
On the 17th August 2021, the Licence Holder had made an application to renew his private hire operator’s licence and declared fixed penalties for two motoring convictions for speeding on 17th November 2018 and 26th May 2019, for which he received fines of £100 and penalty points for each conviction. Due to a technical issue this declaration relating to fixed penalties did not appear on the application form that was considered by the licensing service; therefore, his private hire operator’s licence was renewed until the 20th August 2022. Prior to the application to renew his private hire operator’s licence he had emailed the licensing department on 5th July 2021 to inform them that he had received two motoring convictions following an email that went 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 7 days, as stipulated in the private hire drivers licence conditions.
The Licence Holder explained that he thought he had notified the Licencing Service but did so a second time when he received the email. He went on to state that it would be devastating to suspend or revoke his licence as he didn’t work during the Covid pandemic due to a family member suffering with an illness. His business had built up and he may employ another driver. The majority of his work was within the Jewish community, and he was a trusted person providing services to both women and children.
Upon questioning by the Licensing Unit Manager, the Licence Holder confirmed he had read the licensing conditions and apologised for the mistake.
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, the Committee resolved to admonish the License Holder as to his future conduct and reminded him of his responsibility for declaring future convictions within the timescales printed on the licence.
Licence Holder 22/2021
The Executive Director (Operations) submitted a report relating to Licence Holder 22/2021 who was in attendance at the meeting along with a family member. 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 Unit 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 17th July 2015 until its expiry on the 2nd September 2021.
He submitted an online application for the renewal of this Private Hire drivers’ licence on the 12th August 2021. As part of the online application the Applicant was asked to declare if he had any traffic offences. The Licence Holder selected ‘no’ when asked “Do you have any convictions, fines or formal cautions?” The client selected ‘yes’ when asked “Have you been issued with any fixed Penalty notices and stated ‘SP50: exceeding speed limit on a motorway’. A subsequent check of this at DVLA indicated the Licence Holder had a speeding conviction for which he had received a fixed penalty, fined £100 and received 3 penalty points.
The Licensing Service has no record of this offence. Consequently, it was not declared within 7 days 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.
The Licence Holder explained that this had been a mistake but that he had not been driving as had been ill and forgot to inform the Council of the offence and apologised for the mistake.
Upon questioning by the Licensing Unit Manager, the Licence Holder confirmed he had read the licensing conditions and apologised for the mistake.
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, the Committee resolved to admonish the License Holder as to his future conduct and reminded him of his responsibility for declaring future convictions within the timescales printed on the licence.
Licence Holder 23/2021
The Executive Director (Operations) submitted a report relating to Licence Holder 23/2021 who was in attendance at the meeting along his wife. 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 Unit 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 13th June 2019 until its expiry on the 12th June 2022. He emailed the Licensing Service on 9th September 2021 to inform them that he had received a conviction by way of fixed penalty, for speeding for which he received a fine of £100 and 3 penalty points, following an email sent to all licensed drivers to remind them of the conditions attached to their licence.
The Licence Holder had therefore failed to declare this motoring conviction within 7 days as stipulated in the private hire drivers licence conditions.
The 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.
The Licence Holder and wife explained at the meeting that the Licence Holder had not been working as a private hire driver at the time of the offence and had been working as a long-distance driver due to Covid. He therefore thought he didn’t need to inform of the Licensing Service of the conviction until he returned to private hire work.
The Licence Holder apologised for the error provided background information about his family background and stated that in the future he would make sure any offences were declared in the correct timescale.
Upon questioning by the Licensing Unit Manager, the Licence Holder confirmed he had read the licensing conditions and apologised for the mistake.
Delegated decision:
The Committee carefully considered the report, and oral representations by the Licence Holder and his wife.
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 admonish the Licence Holder as to his future conduct and reminded him of his responsibility for declaring future convictions within the timescales printed on the licence.
Licence Holder 24/2021
The Executive Director (Operations) submitted a report relating to Licence Holder 24/2021 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 Unit Manager set out the reasons for the Licence Holder being before the Committee.
The report stated that the Licence Holder had held a private hire driver’s licence continually since 2nd October 2009 until its expiry on the 1st October 2021. On the 7th September 2021, the Licence Holder made an application to renew his private hire drivers licence. On his online application he declared that he had a motoring conviction for speeding for which he had received a fixed penalty by way of a fine of £100 and 3 penalty points. This conviction had not previously been notified to the Licensing Department.
The Licence Holder had therefore failed to declare this motoring conviction within 7 days 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.
The Licence Holder explained at the meeting that he was very sorry and there would be no repeat in the future.
Upon questioning by the Licensing Unit Manager, he admitted not reading the licensing conditions recently.
Members asked the licence holder how much it means to him to hold the licence and work in Bury. He stated that it means a lot to him as he enjoys his job and also required the financial income.
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 Licence Holder as to his future conduct and reminded his of his responsibility for declaring future convictions within the timescales printed on the licence.
Supporting documents: