A report from the Executive Director (Operations) is attached.
Minutes:
Licence Holder 25/2021
The Executive Director (Operations) submitted a report relating to Applicant 25/2021 who was in attendance at the meeting along with Mr Khan his legal representative and a family member. 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 Unit Manager set out the reasons for the Applicant being before the Committee.
This Applicant was first granted a hackney carriage driver’s licence on the 24th February 2015 which was held continuously until it was revoked at a meeting of the Licensing and Safety Panel on the 19th October 2017. This was due to a complaint from a female passenger which alleged that the Applicant, whilst driving her to her destination, had continually touched his private parts. This had resulted in the passenger feeling upset and shaken, reporting the matter to his operator and also the police. As a result, the Panel had decided the Applicant was no longer a ft and proper person to hold his driver’s licence.
The Applicant appealed that decision to the Crown Court which enabled him to drive until that appeal was rejected on the 22nd May 2018.
The Applicant then reapplied for a hackney carriage driver’s licence in 2019. The application was put before the Licensing and Safety Panel who determined to refuse the application due to his previous actions and that they were still not satisfied he was a fit and proper person to hold a driver’s licence.
On the 16th March 2021 the Applicant submitted a new online application for a hackney carriage driver’s licence. Due to his previous Panel appearances this licence application was before the Licensing Safety Committee to determine his suitability as a fit and proper individual to hold a hackney carriage driver’s licence.
A character reference in relation to this case was circulated to the Chair and Members of the Committee.
The Applicant’s legal advisor Mr Ahmed spoke on behalf of the Applicant and stated that the Applicant had set up a direct debit to pay off the costs and that in the past had been provided with very poor legal advice in relation to appealing previous decisions. He went on to explain that since the incident, the Applicant now understands the serious nature of the offence and means no harm or disrespect to any females. The misunderstanding would not happen again as he would not wish to cause any other offence. Due to the appeal costs he needed to earn more money to pay off the debt as he was only able to deliver food. Mr Ahmed went on the offer an apology to the female passenger and that he had had 4 years to contemplate his actions.
The Licensing Unit Manager confirmed with the Applicant that an English and maths assessment test had been undertaken and passed by the Applicant. Due to concerns by some Members with communication issues a request was made to be provided with a copy of the English and Maths test drivers must pass which was produced by Bury Adult Learning Services.
The Applicant was asked a number of questions directly by the Committee which were responded to by Mr Ahmed and he apologised on behalf of the Applicant for the previous incident and stated he had worked hard in the community over the past few years especially with the local mosque. The Committee asked the Applicant to answer himself and he stated he understood and would be more mindful.
Members asked for the Applicant’s reflection on the offence from his own perspective rather than his legal representative answering the questions when nothing had been said by the Applicant requiring translation. Mr Ahmed stated he had spoken with the Applicant twice and could answer on his behalf. The Applicant asked for a chance and stated he would be a professional driver.
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, the Committee resolved to refuse the licence application as they were not satisfied the Applicant was a fit and proper individual to hold a hackney carriage driver’s licence. The reasons for the decision were that;
1. The previous allegations against the Applicant were of a very serious nature and could have been a terrifying experience,
2. The Applicant said very little and showed no real understanding of his actions or the impact on the passenger,
3. The Applicant showed no contrition, remorse or regret for his previous actions,
4. The Applicant provided no information as to how he would ensure that passengers in the future could feel safe in his vehicle,
5. The Applicant provided no information upon which the Committee could be satisfied this would not happen again, and
6. The Committee did not hear any evidence upon which they could be satisfied the Applicant was fit and proper.
The Applicant was informed of their right to appeal.
Supporting documents: