A report by the Assistant Director (Localities) is attached.
Minutes:
The Licensing Unit Manager presented a report submitted by the Assistant Director (Localities) on the proposed suspension of a Private Hire Driver’s Licence.
Licence holder 01/2016 attended the meeting and was represented by Mr Charles Oakes of the Hackney Drivers’ Association Ltd and was accompanied by a friend who also translated. The Chair outlined the procedure to be followed and the Licensing Manager read the report, which explained that on 25 November 2015, the licence holder had accepted a simple caution from Greater Manchester Police in relation to an assault occasioning actual bodily harm against his wife, which he had failed to disclose to the Council within 7 days, as required by a condition attached to his Private Hire Driver’s Licence.
The licence holder and his representative were given the opportunity to address the Panel and it was explained firstly that he hadn’t realised that he should inform the Council of the simple caution.
The Panel were informed that the licence holder and his wife had been married for 20 years and had 2 young children. However, the marriage had broken down following a dispute within the extended family and they had been living apart in Bury for the past 5 years but had decided to attempt reconciliation for the sake of the children. They had been living together for 2 weeks prior to the incident on 23 November 2015, when an argument occurred over family finances.
The licence holder alleged that his wife had demanded that he leave the property and that she grabbed him in order to get the door key from him. The licence holder pushed his wife away but as he was holding the key at the time, this resulted in her sustaining a scratch to her face. The licence holder also cut his finger at this time and did not realise that his wife was bleeding. His wife reported the incident to the Police and he was requested to attend Bury Police station on 25 November 2015 when he was arrested and was issued with a simple caution.
The licence holder explained that in the 20 years the couple had been married there had never been an argument and that it would not happen again. Mr Oakes stated that the licence holder had not been criminally convicted but had received a simple caution.
The Licensing Unit Manager asked the licence holder if he had a copy of the conditions that he was issued when he was granted a Private Hire Driver’s licence, as it states clearly that if a driver receives a simple caution this must be reported to the Council’s Licensing Office. The licence holder said he did have a copy of the conditions, however, he did not think that he needed to report this, particularly as the police had told him it would not appear on a CRB check. He stated he had not done this deliberately.
Mr Oakes presented to the Panel 2 character references both stating that the licence holder is an honest, reliable and well respected member of the community.
Delegated decision:
After carefully considering the written report and oral statements from the licence holder and his representative, Mr Oakes and the character references, pursuant to the Local Government (Miscellaneous Provisions) Act 1976, the Panel resolved to admonish the licensee as to future conduct and to take no further action. The Chair, Councillor Jones stressed to the licence holder that any form of domestic violence is unacceptable and that if the licence holder was to present before the Licensing and Safety Panel again,his licence would be revoked.