Agenda item

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

Licence Holder 8/2024

The Executive Director (Operations) submitted a report relating to Licence Holder 8/2024 who was in attendance at the meeting alongside their legal representative. The Chair made introductions and alongside the legal advisor 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 their representative was presented by the Licensing Unit Manager and set out the reasons for the Licence Holder being before the Committee.

Members of the Committee had been sent a video recording taken from a dashcam demonstrating the incident detailed in the report. This video was also played on a screen to Members of the Committee with the Licence Holder and their representative in attendance.

The Licensing Unit Manager reported that the Licence Holder had held a private hire driver’s licence continually since August 2006. Their current driver’s licence was due to expire in November 2025.

On the 14^th May 2024, the Licensing Service were notified of a complaint via email regarding an incident that had occurred with a private hire vehicle.

Delegated decision:

The Committee carefully considered the report and oral representations by the Licence Holder and their 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 revoke the licence with immediate effect on the grounds of public safety.

The Committee felt the Licence Holder was not a fit and proper person to be a professional driver and hold a licence due to the serious nature of the incident detailed in the report and evidenced via dashcam footage which fell well below that of a professional driver and the required standard of driving.

Licence Holder 9/2024

The Executive Director (Operations) submitted a report relating to Licence Holder 9/2024 who was in attendance at the meeting alongside their representative. The Chair made introductions and alongside the legal advisor 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 their representative was presented by the Licensing Unit Manager and set out the reasons for the Licence Holder being before the Committee.

The Licensing Unit Manager reported that the Licence Holder had held a Private Hire Drivers Licence from the 13^th December 2017. Their current driver’s licence was due to expire on the 10^th November 2024. (* See note under delegated decision)

This client has received two previous complaints on the 11^th March 2021 and the 2^nd October 2021.

On the 15^th May 2024 the Licensing Service received a complaint from a member of the public.

The Licensing Service received a further complaint on the 27^th June 2024.

Members of the Committee had been sent 2 video recordings taken from a rear angle dashcam demonstrating part of one incident detailed in the report. This video was also played on a screen to Members of the Committee with the Licence Holder and their representative in attendance.

Delegated decision:

The Committee carefully considered the report and oral representations by the Licence Holder and their 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 suspend the licence with immediate effect until the 10^th November 2024* on the grounds of public safety.

The Committee felt the Licence Holder was not a fit and proper person to be a professional driver and hold a licence due to the serious nature of the incident detailed in the report and evidenced via dashcam footage which fell well below that of a professional driver and the required standard of driving.

*Following the meeting, it was reported there was an administrative error in the report.

The private hire drivers badge expiry should have stated the 11/10/2025 and not 10/11/2024 (this was the expiry date of their vehicle licence).

After discussions, it was agreed by all parties that the minutes would detail the error and the driver would still be immediately suspended until the 10/11/2024.

Licence Holder 6/2024

The Executive Director (Operations) submitted a report relating to Licence Holder 6/2024. The Licensing Unit Manager reported that the Licence Holder was not present at the last committee on the 6^th June 2024 as they were unwell and a request for a deferral was granted.

The Licensing Unit Manager stated the Licence Holder had requested another deferral as they had started a new job and were unable to gain the time off work. If this was not granted then a written statement had been supplied to read out on their behalf.

Delegated decision:

The Licencing and Safety Committee agreed that due to this being the second time in succession the case was listed on the agenda, then the case would be considered in the absence of the Licence Holder.

The Licensing Unit Manager read out the statement provided by the Licence Holder and reported this client has held a private hire driver’s licence since the 16^th October 2015.

This driver was before members for consideration to be given as to his suitability to be a private hire driver in Bury.

The Committee carefully considered the report and written representation provided by the Licence Holder.

Delegated decision:

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 revoke the licence on the grounds of public safety.

The Committee felt the Licence Holder was not a fit and proper person to be a professional driver and hold a licence due to the conduct of the incidents detailed in the report and fell well below that of a professional driver.