Agenda item

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

Licence Holder 14/2022

The Executive Director (Operations) submitted a report relating to Licence Holder 14/2022 who was in attendance at the meeting alongside their 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 Hackney Carriage driver’s licence continually since the 21^st of June 2013 until its expiry on the 7^th of July 2025.

On the 2^nd of March 2023 the Deputy Licensing Officer took a complaint about the Licence Holder from a member of the public via the telephone. The nature of alleged incident which occurred on the 1^st of March 2023 was detailed in report attached to the private agenda packs.

CCTV footage from the date and time of the alleged incident at the Kay Gardens rank was played to Members of the Committee, the Licence Holder and his representative.

Attached at Appendix 1 in the private agenda pack was a witness statement from the complainant and 2 photographs of the vehicle and driver taken on the complainant’s mobile telephone.

A character reference for the Licence Holder had also been circulated to Members of the Committee prior to the meeting.

Delegated decision:

The Committee carefully considered the report, and oral representations by the Licence Holder and his representative. The Committee noted insufficient evidence on the complaint submitted and reminded the Licence Holder to uphold levels of professional service and not pursue any members of the public which could cause confrontation. A driver’s vehicle was their safe space, and the installation of CCTV inside could help in situations like this which occurred. As a front line public service, the Licence Holder was advised to telephone the police on 101 and report such incidents to them along with informing the Hackney Carriage representative and the Licensing Department.

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 take no action against the licensee. 

Licence Holder 15/2022

The Executive Director (Operations) submitted a report relating to Licence Holder 15/2022 who was in attendance at the meeting alongside their representative Mr Ahmed and a family relation. 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.

The report stated that the Licence Holder had held a private hire driver’s licence since the 28^th of July 2011. They cancelled that licence on the 25^th of April 2012 and did not get another private hire driver’s licence until the 7^th of June 2017. This licence had been held continuously and is due to expire the 5^th  of September 2023.

In November 2022, the Licensing Service received an email from the Roads Policing Unit within Greater Manchester Police. Within the email it raised concerns about the standard of driving displayed by this Licence Holder following an incident on the motorway travelling out of Manchester. The facts of the incident were detailed in report attached to the private agenda packs.

Attached at Appendix 1 in the private agenda pack was a witness statement from the police with appendix 2 detailing the motorway awareness course the Licence Holder had attended in February 2023. Appendix 3 provided details of the journey being undertaken during this incident and appendix 4 were details of the clients DVLA record.

Delegated decision:

The Committee carefully considered the report and oral representations by the Licence Holder, his representative and family member. The Committee noted the police statement as evidence and the motorway course which has since been attended. The incident put other road users at risk along with the customers in the vehicle and a professional driver should know how to drive on a motorway. This was a serious offence and needed to be recognised in the decision taken.

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 suspend the licence for 3 months with immediate effect on the grounds of public safety.

At this stage of the evening, the meeting was approaching the maximum of three hours, excluding the period taken up by public question time. At the expiry of the three hours, the Chair and Members present agreed that the meeting continue beyond the three hours duration.

Licence Holder 16/2022

The Executive Director (Operations) submitted a report relating to Licence Holder 16/2022who was in attendance at the meeting alongside their representative Mr Ahmed and a family relation. 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.

The report stated that the Licence Holder had held a private hire driver’s licence since the 6^th of November 2012. Their current private hire drivers’ licence which commenced the 8^th of July 2022 is not due to expire until the 31^st of December 2024. On the 13 March 2023 this Licence Holder emailed the Licensing Service to give notification of a conviction. The email and associated DVLA licence summary were attached at Appendix 1 in the private agenda packs. Further written submission and photographic evidence was provided by the Licence Holder and included in appendix 2 of the private agenda pack.

The licensing service had no record of this offence. Consequently, it was not declared within the correct time frame as stipulated in the private hire drivers licence conditions.

Delegated decision:

The Committee carefully considered the report and oral representations by the Licence Holder, his representative and family member. The Chair stated that major traffic offences should be reported to the Licensing Department within the required time period and noted issues communicating information via the website. As a licenced driver in Bury the highest standards must be adhered to with licensing conditions met.

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. The Committee departed from Policy because they accepted the explanation provided at Committee in relation to defending the claim at the Magistrates court impacting upon declaring the offence within the correct time frame.

At conclusion of the meeting the Chair and Members placed on record their thanks to Officers from the Licensing Department, Democratic Services and the Legal Team for all their work during the 2022-2023 municipal year of Licensing and Safety Committee meetings.