A report from the Executive Director (Operations) is attached.
Minutes:
Licence Holder 1/2022
The Executive Director (Operations) submitted a report relating to Licence Holder 1/2022 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 Licence Holder and presented by the Licensing Manager, set out the reasons for the Licence Holder being before the Committee.
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The report stated that the Licence Holder had held a private hire driver’s licence continually since 29 October 2009 until its expiry on the 14 April 2022. He submitted an application to renew his private hire drivers’ licence on the 12 February 2022. As part of the application the applicants are asked if they have any traffic offences as these must be declared irrespective of when they occurred. The Licence Holder selected ‘no’ when asked “Do you have any convictions, fines or formal cautions?” and then selected ‘yes’ when asked “Have you been issued with any fixed Penalty notices and stated ‘3 points for speeding fine 38 mph’. A subsequent check of the applicants DVLA licence revealed a conviction for speeding on 21 November 2021 for which the Licence Holder received 3 penalty points and a fine of £100.
The Licensing Service has no record of this offence. Consequently, it has not been declared within the correct time frame as stipulated in the private hire drivers licence conditions.
The Licence Holder would also have received an email sent to all licensed drivers by the Licensing Unit Manager on 27th May 2021 reminding them of the conditions attached warning them of the need to declare all motoring convictions and fixed penalty notices in a timely manner.
When contacted by the Licensing Enforcement Officer for an explanation, the Licence Holder explained that he had been in the trade for over 30 years both as a driver and Operator and accepted that he should have known to disclose the offence. He stated he was very sorry for his oversight and would be aware of the requirement in the future. When asked about the email that was sent out in May 2021, he did not recall reading or receiving it.
The Licence Holder apologised to the Committee and explained he must have disregarded the email sent in May 2021 and it was an oversight on his part and the matter would not be repeated again. He confirmed he had been in the business for 39 years and was sole guardian for his daughter.
The Licence Unit Manager asked if the Licence Holder had read the conditions printed on his licence and he stated that he had not read them recently but going forward would refresh himself with them.
The Licence Holder also submitted a letter of support from a taxi operator he undertakes school contract work for, confirming there have been no complaints or concerns regarding the Licence Holder and that his work was of a high standard. He also provided information in relation to being a sole guardian for his child and evidence of qualifications and certificates relevant to his work such as safeguarding. All of this information was read out by the Chair of the Committee to Members.
Delegated decision:
The Committee carefully considered the report, oral representations by the Licence Holder and the additional information supplied. The Committee noted and accepted the explanation provided and the remorse shown for the error. The Committee reminded the Licence holder to read all the licensing conditions.
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 licensee as to future conduct.
Licence Holder 2/2022
The Executive Director (Operations) submitted a report relating to Licence Holder 2/2022 who was in attendance at the meeting alongside his representative Mr Ahmed. 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 Licence Holder and presented by the Licensing Manager, set out the reasons for the Licence Holder being before the Committee.
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The report stated that the Licence Holder had held a private hire driver’s licence continually since 20 June 2013 until its expiry on the 15 May 2022. It has subsequently been extended without prejudice until the date of this committee hearing. This Licence Holder had submitted an application to renew his private hire drivers’ licence on 5 April 2022. As part of the application traffic offences must be declared irrespective of when they occurred. In this case the Licence Holder selected ‘no’ when asked “Do you have any convictions, fines or formal cautions?” and then selected ‘yes’ when asked “Have you been issued with any fixed Penalty notices and stated ‘6 points’. A subsequent check of the applicants DVLA licence revealed that the Licence Holder had received a conviction for speeding on a motorway on 27th August 2020 for which he received 6 penalty points and a fine of £200.
The licensing service has no record of this offence. Consequently, it has not been declared within the correct time frame as stipulated in the private hire drivers licence conditions.
The Licence Holder would also have received an email sent to all licensed drivers by the Licensing Unit Manager on 27th May 2021 reminding them of the conditions attached warning them of the need to declare all motoring convictions and fixed penalty notices in a timely manner.
When contacted by the Licensing Enforcement Officer for an explanation, the Licence Holder explained that he was speeding on the motorway as he was rushing to get home. He accepted that he made a silly mistake but stated that he did not know that speeding offences had to be disclosed immediately and he told the service as soon as he realised he needed to. He has apologised and will be aware going forward. When asked about the email that was sent out in May 2021 the client does not recall reading or receiving it.
The Licence Holder’s representative apologised to the Committee on his behalf and explained he was a single parent of 3 children and the income provider for his family. It was explained that due to Covid there was a long delay period in receiving the penalty points and this added to him forgetting to inform the Council of the offence. He went on to add that the Licence Holder was of previous good character an that this was an error and misjudgement on his part. He was very sorry and no disrespect was intended.
The Licence Unit Manager asked if he had read the conditions printed on his licence and he answered yes but the delay in receiving the points had made him forget and it was a genuine mistake and would not happen again,
Delegated decision:
The Committee carefully considered the report, and oral representations by the Licence Holder and his representative. The Committee noted accepted the reasons provided and the remorse shown for the error. The Committee reminded the Licence holder of their responsibility to read all the licensing conditions and any email communications sent from the Council.
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 licensee as to future conduct.
Licence Holder 3/2022
The Executive Director (Operations) submitted a report relating to Licence Holder 3/2022 who was in attendance at the meeting alongside his representative Mr Ahmed. 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 Licence Holder and presented by the Licensing Manager, set out the reasons for the Licence Holder being before the Committee.
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The report stated that the Licence Holder had held a private hire driver’s licence continually since 16 September 2010 until its expiry on the 7 April 2022. The Licence Holder submitted an application to renew his private hire drivers’ licence on the 21 March 2022. As part of the application the Licence Holder selected ‘no’ when asked “Do you have any convictions, fines or formal cautions?” and then selected ‘yes’ when asked “Have you been issued with any fixed Penalty notices. He then went on to declare 3 convictions for speeding on 18th May 2018, 28th August 2021 and 21st January 2022 for which the Licence Holder received 3 penalty points on each occasion and a fine of £100 on the last two occasions.
A subsequent check of this applicants DVLA driving licence confirmed these offences. The licensing Service had previously been told about the expired offence from May 2018, but has no record of the two most recent offences. Consequently, they have not been declared within the correct time frame as stipulated in the private hire drivers licence conditions.
The Licence Holder would also have received an email sent to all licensed drivers by the Licensing Unit Manager on 27th May 2021 reminding them of the conditions attached warning them of the need to declare all motoring convictions and fixed penalty notices in a timely manner.
When contacted by the Licensing Enforcement Officer for an explanation, the Licence Holder explained that on one occasion he had been caught by a fixed camera on Hilton Lane, Prestwich and on the other occasion he was caught by a mobile speed camera van on Manchester Street, Oldham. He was unaware of the requirement to declare speeding offences and thought it was sufficient to notify the Licensing Service at the time of his renewal. When asked about the email that was sent out in May 2021 he did not recall reading or receiving it. He has apologised and will be aware of the requirement in the future.
The Licence Holder’s representative apologised to the Committee on his behalf and explained he was the main income provider for his family. It was commented that this was his sole job and it was an oversight on his behalf in thinking he only needed to disclose the offences upon renewal of his licence. He stated that the Licence Holder now appreciates this is incorrect. He again apologised and stated that no disrespect was intended.
The Licence Unit Manager asked if he had read the conditions printed on his licence and he answered his reading of English was not the best but he understood the conditions.
Delegated decision:
The Committee carefully considered the report, and oral representations by the Licence Holder and his representative. The Committee noted accepted the reasons provided and the remorse shown for the error. The Committee reminded the Licence holder of their responsibility to read all the licensing conditions and any email communications sent from the Council.
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 licensee as to future conduct and highlight the number of previous offences.
Supporting documents: