A report by the Assistant Director (Localities) is attached.
Minutes:
The Licensing Unit Manager presented a report submitted by the Assistant Director (Localities) regarding applications for Public/Private Hire Vehicles Drivers’ Licences.
The Applicants were invited to attend the meeting for separate hearings
and the Chair outlined the procedure to be followed. The Applicants were invited to address the Panel separately on their applications and any matters referred to in the Officer’s report. The Licensing Unit Manager read out the contents of each report which were accepted by each of the Applicants.
Applicant 13/2015 did not attend the meeting and no explanation was provided. The Applicant had also failed to attend the meeting on 3 September 2015 without explanation and the Panel had agreed to defer that hearing. The Licensing Unit Manager explained that he had tried to contact the Applicant on a number of occasions but to no avail.
Delegated decision:
After considering the report and noting the fact that the Applicant had been convicted at Birmingham and Solihull Magistrates’ Court on 19 May 2014 for 2 counts of battery and then again on 20 August 2014 for failing to comply with the requirements of a Community order and taking into account the relevant policy and the Council’s Conviction Guidelines, the Panel decided to proceed with the application and determined the Applicant not to be a fit and proper person in accordance with the Local Government (Miscellaneous Provisions) Act 1976 and therefore resolved that the application for a Private Hire Driver’s Licence by Applicant 13/2015 be refused.
The Applicant would be informed in writing of their right to appeal to the Magistrates’ Court within 21 days.
Applicant 15/2015 attended the meeting and was unaccompanied. The Applicant had appeared before the Panel on 3 September 2015 and the matter had been deferred as the Panel required more information.
The Licensing Unit Manager read the report which was accepted by the Applicant. He also advised the Panel for the sake of clarity that the DVLA will revoke a licence of someone who is awarded 6 penalty points during the first 24 months of holding a DVLA drivers licence.
The Applicant addressed the Licensing and Safety Panel and explained that he was an experienced, safe driver. In relation to the conviction for failing to provide the identity of a driver, he explained that he had driven in a bus lane in Bradford and been sent a fine for £35, however, due to family problems at the time, his wife had failed to give him the letter and therefore he had failed to respond to a written notice from the Police to provide the details of the driver at the time of the offence.
When questioned he confirmed that he wasn’t living at the same address as his wife at the time and had given that address as he was not a permanent resident in the UK.
The Applicant was then asked about his current residence and confirmed he is now living in Bolton, however the address on his driving licence was noted as Luton. When questioned he stated he had applied for his licence there using that address but had not lived there. The Applicant stated that he will change it to his current address immediately.
Delegated Decision
The Panel considered the written report and the oral representations made by the Applicant. Taking into account the relevant policy and the Council’s Conviction Guidelines, the Panel determined the Applicant not to be a fit and proper person in accordance with the Local Government (Miscellaneous Provisions) Act 1976 and therefore resolved that the application for a Private Hire Driver’s Licence by Applicant 15/2015 be refused.
The Panel noted the Applicant’s circumstances but found;
That the Applicants conviction for a failure to provide information as to the identity of a driver, was a serious offence,
That the Blackburn and Darwen Magistrates’ Court had similarly viewed this as a serious matter and fined the Applicant £675 and his licence endorsed with 6 penalty points.
As a result the DVLA had revoked the Applicants driving licence
The Panel had further concerns regarding the Applicants use of various addresses.
The Applicant was informed of their right of appeal to the Magistrates’ Court within 21 days.
2. Applicant 18/2015 attended the meeting and was unaccompanied. The Licensing Unit Manager read the report which was accepted by the Applicant. The Applicant addressed the Licensing and Safety Panel and explained that he had made a mistake. He stated that he had just passed his driving test and purchased a car but as he was returning home from the vendor, he was stopped by the Police who had found that the Applicant was not insured. The Applicant pleaded guilty to the offence as he acknowledged it was his mistake. He has no other convictions and he confirmed he would not make the same mistake again.
Delegated decision:
The Panel considered the written report and the oral representations made by the Applicant and in accordance with the Local Government (Miscellaneous Provisions) Act 1976 and taking into account the relevant policy and the Council’s Conviction Guidelines, the Panel determined
that Applicant 18/2015 was a fit and proper person and resolved to grant the application for a Private Hire Driver’s Licence.
3. Applicant 19/2015 did not attend the meeting and had requested, through his Solicitor, that the hearing be deferred as he had been involved in an accident. The Applicant would provide a medical certificate at the next meeting to confirm this.
Delegated decision:
It was agreed unanimously by the Licensing and Safety Panel to defer this hearing until the next meeting on 3 December 2015.
4. Applicant 20/2015 attended the meeting and was unaccompanied. The Licensing Unit Manager read the report which was accepted by the Applicant.
The Applicant addressed the Licensing and Safety Panel and explained that whilst he had worked for a friend who was a private car trader, he was insured to move cars under the Policy of his friend’s insurance but did not have his own insurance. However, he presumed he would be covered under this insurance to drive his own car. The Applicant had only just bought a car and was the registered owner of the vehicle but
his wife was insured to drive the car and he was not on the insurance as a named driver. He had driven the car on this basis and had been stopped by the police and subsequently convicted at Manchester Magistrates Court for having no insurance. He was fined £986 and awarded 6 penalty points. He further stated that he was convicted in his absence as he did not attend court due to personal circumstances at the time and so was ordered to pay the maximum fine. The Applicant stated that he has a young family and was not in work currently and having a licence this would give him the flexibility to work around the needs of his family.
Delegated Decision:
The Panel considered the written report and the oral representations made by the Applicant and in accordance with the Local Government (Miscellaneous Provisions) Act 1976 and taking into account the relevant Policy and the Council’s Conviction Guidelines, the Panel determined that Applicant 20/2015 was a fit and proper person and resolved to grant the application for a Private Hire Driver’s Licence.
5. Applicant 21/2015 attended the meeting and was unaccompanied. The Licensing Unit Manager read the report which was accepted by the Applicant.
The Applicant addressed the Panel and explained that he has been working for a relative as a radio operator for the last couple of years but would now like to be a driver for them. He informed the Panel that at the time of the conviction for driving without insurance at Rochdale Magistrates Court, for which he received a fine of £600 and 6 penalty points, he had been driving his Auntie’s car following a family bereavement as his own car was in the garage. He was not insured, and he had been stopped by the Police.
Delegated Decision:
The Panel considered the written report and the oral representations made by the Applicant and in accordance with the Local Government (Miscellaneous Provisions) Act 1976 and taking into account the relevant
Policy and the Council’s Conviction Guidelines, the Panel determined that Applicant 20/2015 was a fit and proper person and resolved to grant the application for a Private Hire Driver’s Licence for 6 months. The Applicant would not need to appear before the Panel again after this time if there was no breach of the conviction guidelines or other complaints against him during that period.
The Applicant was advised of their right to appeal to Bury Magistrates’ court within 21 days.