Agenda item

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

Licence Holder 28/2021

The Executive Director (Operations) submitted a report relating to Licence Holder 26/2021 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 was presented by the Deputy Licensing Officer, which set out the reasons for the Licence Holder being before the Committee. The report was accepted by the Licence Holder.

The report stated that the Licence Holder 28/2021 had held a private hire driver’s licence since the 7^th November 2018 until its expiry on the 6^th November 2021. On the 21^st October 2021, the licence holder 28/2021 made an application to renew his private hire drivers licence and declared that he had two motoring convictions for speeding in April and December 2019, for which he had received a fixed penalty by way of a fine of £100 and 3 penalty points for each offence. These convictions had not previously been notified to the Licensing Department in accordance with the requirement within the conditions on his licence that such matters should be notified in writing within 7 days.

The Licence Holder was subsequently interviewed by a Licensing 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 on both occasions the convictions came about by being caught on a speed camera in an area he was unfamiliar with. When asked why he had failed to declare the conviction he stated that he had emailed the Licensing Department in December 2019 to declare the convictions, however he could not produce a copy of the sent email due to his annual deletion of emails for housekeeping to free memory space. The Licensing Service had no record of the email.

He went on to state that it was the first time he had tried to renew a licence so was unfamiliar with the process and he had telephoned the Licensing Department but had not been able to speak with anybody. Upon questioning by the Deputy Licensing Officer he stated that had not left a voicemail on the answerphone message system that was in operation.

The Licence Holder accepted he had made a mistake and offered his apologies and added it was his full time occupation and had family dependents so there would be a financial impact if his licence was suspended or revoked. He also stated that he had not received any complaints from customers or the taxi company he worked for in relation to his work.

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 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 29/2021

The Executive Director (Operations) submitted a report relating to Licence Holder 29/2021 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 was presented by the Deputy Licensing Officer and was accepted by the Licence holder. This set out the reasons for the Licence Holder being before the Committee.

The report stated that the Licence Holder 29/2021 had held a private hire driver’s licence since the 14^th November 2011 until its expiry on the 13^th November 2021. On the 24^th October 2021, the Licence Holder 29/2021 made an application to renew his private hire drivers licence. On his online application he stated ‘no’ when asked if he had any convictions, fines, formal cautions or fixed penalty notices. A check of his DVLA driving licence indicated that he had two motoring convictions for speeding in February 2018 and May 2021, for which he had received a fixed penalty by way of a fine of £100 and 3 penalty points for each offence. These convictions had not previously been notified to the Licensing Department in accordance with the requirement within the conditions on his licence that such matters should be notified in writing within 7 days.

The Licence Holder was subsequently interviewed by a Licensing Officer, and he explained the background to the offence which was detailed in the report attached to the agenda.

The Licence Holder stated at the meeting that it was down to human error and offered his apologies.

The Licensing Officer reminded him of the conditions printed on the back of his licence and to report any future offences within the required timescales.

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 Licence Holder as to his future conduct and that the Licensing Service should write him a letter to him to remind him of his responsibility for declaring future convictions within the timescales printed on the licence.

Licence Holder 30/2021

The Executive Director (Operations) submitted a report relating to Licence Holder 30/2021 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 was presented by the Deputy Licensing Officer and was accepted by the Licence Holder. This set out the reasons for the Licence Holder being before the Committee.

The report stated that the Licence Holder 30/2021 had held a private hire driver’s licence since the 10^th December 2007 until its expiry on the 9^th December 2021. On the 14^th November 2021, the Licence Holder 30/2021 made an application to renew his private hire drivers licence. On his online application he declared that he had a motoring conviction for speeding in July 2021, for which he had received a fixed penalty by way of a fine of £100 and 3 penalty points for the offence. This conviction had not previously been notified to the Licensing Department in accordance with the requirement within the conditions on his licence that such matters should be notified in writing within 7 days.

The Licence Holder was subsequently interviewed by a Licensing 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 it would not happen again and that losing his licence would impact on his earnings and cause problems for his family.

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 Licence Holder as to his future conduct and reminded him of his responsibility for declaring future convictions within the timescales printed on the licence.