Minutes:
The Deputy Licensing Officer 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.
1. Applicant 19/2015 attended the meeting and was unaccompanied. This hearing had been adjourned, at the Applicant’s request, from 15 October 2015. The Deputy Licensing Officer read out the contents of the report which was accepted by the Applicant.
The Applicant addressed the Panel and stated that in relation to his 2 convictions for failure to provide information as to the identity of a driver, he had not received any letter following either offence on 22
November 2013 or 28 April 2014. As a result he was convicted at Manchester Magistrates’ Court, fined and his Licence was endorsed with 6 penalty points on each occasion.
In relation to the offence of racially/religiously aggravated harassment on 26 June, 2013, for which the Applicant was convicted at Bolton Magistrates’ Court and fined £200 with costs of £400, compensation of £100 and victim surcharge of £20, the Applicant stated that this was an incident when he had been driving in Bolton and he had been overtaken by another vehicle driven by a young man and accompanied by his girlfriend. The Applicant stated there had been an exchange of words and that the other driver had shouted and sworn at him and he had done the same back.
The Applicant explained that he was a calm person and had been driving for 5 years, he was not a criminal and wanted to make a living and that he currently worked part time in KFC but this did not provide enough financially.
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 19/2015 be granted the application for a Private Hire Driver’s Licence for 12 months.
The Panel found that;
· the offences were of a serious nature
· they had been committed less than 3 years prior to the application
· the Licence would only be granted for 12 months. If there were no further convictions or complaints during this time then the Licence would be extended.
2. Applicant 24/2015 attended the meeting and was accompanied by his Cousin. The Applicant stated, before the hearing took place, that he was worried, due to the language barrier, that he would not be able to express himself correctly and asked if he could adjourn the hearing until he was able to have further representation.
Delegated decision:
The Licensing and Safety Panel agreed unanimously to adjourn the hearing until the following meeting, on 14 January 2016.
3. Applicant 25/2015 attended the meeting and was unaccompanied. The Deputy Licensing Officer read the report, which was accepted by the Applicant.
The Applicant then addressed the Panel and explained that in relation to the offence of Solicitation on 24 December 2008 for which he received a simple caution, that he had attended a party at a friend’s flat in Rochdale and another friend had arrived accompanied by 3 females who turned out to be prostitutes. A neighbour had complained about the noise from the party and the Police had been called. The Applicant had attended the local Police station where the caution had been administered.
The Applicant stated that he had recently been made redundant, and had a temporary job, but as his partner was expecting their baby he needed more permanent employment.
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 25/2015 was a fit and proper person and resolved to grant the application for a Private Hire Driver’s Licence.
The Panel noted that the offence although serious, had been committed almost 7 years ago when the Applicant was 18 years of age. He had only received a caution and he had no other convictions.
4. Applicant 26/2015 attended the meeting and was unaccompanied. The Deputy Licensing Officer read the report which was accepted by the Applicant.
The Applicant addressed the Panel and explained that in relation to the offences of using a vehicle uninsured against third party risks and driving otherwise than in accordance with a Licence for which the Applicant was convicted on 7 February 2013 at Kirklees Magistrates’ Court and fined £300 with 8 penalty points on his Licence, that he was living in Bradford at the time and had purchased a vehicle privately. He explained that he had driven it from the vendor’s property to his home address and whilst parked at the side of the road, as he had broken down, he was the subject of a vehicle check by the Police who determined there was no insurance on the vehicle. The Applicant, at this time, was on a UK issued provisional Licence.
The Applicant stated this was his mistake and he acknowledged he should have ensured the vehicle was fully insured before he had driven it. He stated that he was currently working as a cashier and was also studying in order to better his career. He hoped that being able to drive a Private Hire vehicle, it would enable him to continue his studying.
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 26/2015 was a fit and proper person and resolved to grant the application for a Private Hire Driver’s Licence.
The Panel noted that although the offences are serious, they had been committed over 3 years ago. The Applicant had no other convictions and showed remorse for his actions.