Report attached.
Minutes:
The Licensing Manager presented reports submitted by the Assistant Director (Localities) regarding Suspension/Revocation of Hackney Carriage/Private Hire Drivers’ Licences.
The licence holders were invited to attend the meeting for separate hearings and the Chair outlined the procedure to be followed.
1. Licence Holder 26/2014 attended the meeting and accepted the report presented by the Licensing Manager. The licence holder, who was unrepresented, was given the opportunity to address the Panel and he apologised for not attending the previous meeting on 9 September 2014 and thanked the Licensing and Safety Panel for giving him the opportunity to present his case.
The licence holder explained that he had been driving since 1983 and had always had a clean licence but now had incurred 5 points in an accident that he was not aware of. He stated that he was fully insured and there was no need for him to have ignored this incident. He felt very embarrassed and was paying Court costs through instalments. He explained that he has a family and children to provide for and as it was approaching the busy Christmas period he needed to work as a taxi driver in order to support them.
Delegated decision:
Pursuant to section 61 of the Local Government (Miscellaneous Provisions) Act 1976, the Panel was satisfied that the Licence Holder had been charged with failing to stop/failing to report a road traffic accident and driving without due care and attention. The Licence Holder had appeared before Bury Magistrates’ Court on 23 July 2014 and had changed his plea to guilty prior to commencement of the proceedings. His licence had been endorsed with 5 penalty points for the offence and he was fined £280 and ordered to pay £550 prosecution costs.
The Panel felt this was a serious offence and acknowledged that the offences of failing to stop and failing to report an accident fall under the heading of ‘Major Traffic Offences’. Although the Panel further noted that the Licence Holder had admitted the offences and apologised, upon considering the written report, the oral representations made by the Licence Holder and taking account of relevant policy and the Council’s Conviction Guidelines, the Panel resolved, on a majority decision, that Licence Holder 26/2014 have his Private Hire Driver’s Licence suspended for 6 months.
The Licence Holder was reminded of their right of appeal to the Magistrates’ Court within 21 days.
2. The Licence Holder 30/2014 was not in attendance and the Licensing Manager explained to the Panel that he had tried, unsuccessfully, to make contact with the Licence Holder to confirm his attendance for the meeting. It was reported that, according to his work colleagues, he has returned to Pakistan, however, the Immigration Service has no record of him leaving the Country.
Delegated decision:
Pursuant to section 61 of the Local Government (Miscellaneous Provisions) Act 1976, the Panel being satisfied that Licence Holder 30/2014 was illegally working in the UK and not entitled to work as a self employed taxi driver and upon considering the written report, and taking account of relevant policy and the Council’s Conviction Guidelines, the Panel therefore agreed unanimously to revoke his licence.