Agenda item

APPLICATIONS FOR HACKNEY CARRIAGE/PRIVATE HIRE DRIVERS' LICENCES

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. 

 

Applicant 24/2015 had been scheduled to attend the meeting on 3 December 2015 but had requested an adjournment as he required representation.  He has since contacted a Solicitor who has now requested a further adjournment due to the lateness of notification of the hearing by the Applicant.

 

Delegated decision:

 

The Licensing and Safety Panel agreed unanimously to adjourn the hearing until the following meeting, on 29 February 2016.

 

Applicant 02/2016 attended the meeting and was accompanied by a friend who also translated where appropriate, as it was represented that his first language was not English.  The Licensing Unit Manager read the report, which was accepted by the Applicant.

 

The Applicant and his friend then addressed the Panel and explained that for the last five years he has been struggling financially to support his wife and family.  He has been working as a pizza delivery driver and in an off licence and also delivering keys to properties for a local estate agent; however he needs more financial security.

       

The Chair asked the Applicant if he wanted to address the issue of the incident that had taken place on 7 September 2011.  A detailed statement from a complainant alleging sexual assault was included in the report.

 

The Applicant’s friend stated that he has known the Applicant for 12 years and has always respected him.  He stated that he believes that this incident had not taken place.  The Applicant had been interviewed but no charges had been made against him as there was insufficient evidence available.  The Applicant has always denied this allegation.  He stated that he knew the complainant and that she also knew his wife and children and he still does not know why she made these allegations against him.

 

Members of the Licensing and Safety Panel asked the Applicant why he had declined to answer any questions put to him by the investigating Police Officers at the time, as stated in the report, and why on each of the 4 subsequent occasions his application had been refused (including an application to Rossendale Council) he had not appealed to the Magistrates’ Court.  The Applicant’s friend said he was very scared for himself and his family and he had followed advice from his Solicitor at the time of questioning, who told him what to say. He also stated that the allegation he had made to the police that the female in question had instigated inappropriate sexual behaviour towards him, was not true and again that he had said this upon advice from his solicitor. He stated to the Panel that he was not there to give a false statement.  Following his licence being revoked and then further Applications being refused, he could not afford further Solicitor’s fees and that was why he had not appealed to the Magistrates’ Court.   

 

The Applicant submitted 3 character references to the Licensing and Safety Panel. He could provide no explanation for why she had made these allegations and stated that she did kiss him on the cheek when he picked her up. However, he had just panicked at the police station and done what his solicitor advised.

 

In summary, the Applicant stated that he appreciated that Public safety was paramount but he was being punished for what he has not done.  He has been struggling financially for the last 5 years, he has no education and jobs are very hard to secure and he would really appreciate it if the Licensing and Safety Panel would return his Private Hire Driver’s Licence.

 

Delegated decision:

 

The Panel carefully considered the written and oral evidence presented, the facts of the particular case and with due consideration of the Local Government (Miscellaneous Provisions) Act 1976 and of the Council’s Licensing Policy and Conviction Guidelines, the Panel did not consider the licence holder to be a fit and proper person to hold a licence and considered it reasonable and proportionate in the interests of public safety to refuse the application for a Private Hire Driver’s Licence.

 

In reaching its decision the Panel found as follows;

the allegations related to serious sexual misconduct by the Applicantalthough denied, there was no satisfactory explanation for the differing versions of events there was no explanation or reasoning as to why such allegations should be made against the Applicant

the Applicant had taken no steps to challenge any of the previous decisions made regarding earlier applicationswhilst the allegations did not result in a conviction, the actions of the Applicant, whilst previously on duty as a licensed taxi driver fell, by some considerable way, below the high standards of public safety, trust and conduct of a licence holder that is expected by the Council.

 

The applicant was reminded of their right of appeal to the Magistrates’ Court within 21 days.

 

 Applicant 03/2016 attended the meeting and was accompanied by his brother who acted as a translator.  The Licensing Unit Manager read the report which was accepted by the Applicant.

 

This applicant had previously been granted a Private Hire Driver’s Licence in June 2013. The Applicant and his brother addressed the Panel and explained that he had been divorced from his wife for 19 months.  At the time of the offence in September 2013, when he had been convicted of driving a motor vehicle with excess alcohol for which he had been disqualified from driving for 12 months and fined £110 with costs of £85 and victim surcharge of £20, his wife had gone somewhere and he had gone to get her.  There had been a family dispute and he had been having problems with his marriage and had decided to drink. His brother stated that he had never seen him drink and this was a one off incident and he had never drunk since.  He is currently single and works as a local take away delivery driver.

 

Members of the Licensing and Safety Panel asked the Applicant why he had told the Licensing Enforcement Officer that he was a devout Muslim and has never consumed alcohol, when he had in fact been stopped and found to have been driving with excess alcohol some days earlier.  The Applicant acknowledged this was not true and provided no explanation, but stated that this would not happen again and he no longer drinks.

 

Delegated Decision:

 

The Panel carefully 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 03/2016 be refused an application for a private hire driver’s licence.

 

The Panel found that;

the offence was of a serious nature

it had been committed less than 3 years prior to the application

driving under the influence of drink is unacceptable under any circumstances

the Applicant showed no remorse for his actions and blamed them on his wife.

 

The Applicant was reminded of their right to the Magistrates’ Court within 21 days.

 

Applicant 04/2016 attended the meeting and was unaccompanied.  The Licensing Manager read the report which was accepted by the Applicant.

 

The Applicant addressed the Panel in relation to the offence in January 2008 and explained that the conviction at in February 2009 for common assault for which he was fined £250, and ordered to pay compensation of £200 resulted from when he was attending a football match and he and a group of males were having a cigarette near the toilet area of the stadium.  He was accused by a Steward of having been caught twice smoking and told that he would be ejected from the stadium.  The Applicant tried to explain that due to work commitments he had not been at the previous football match on the Wednesday evening and therefore he could not have been caught previously.  One of the Stewards tried to grab the Applicant and in the fracas he banged him with the back of his head. He also confirmed that as a result of the conviction he is barred from the football stadium.

 

The Applicant went on to explain that since the offence, he has been driving buses and coaches and is a driver for Bury Council for school transport. He has been driving for a living for a number of years and driving school children’s for approximately a year. The Applicant explained he now wants to extend his licence to get a mini bus to make it more financially viable as he has 2 children to support.

 

He went on to state he has no other criminal convictions and no other complaints against he and the offence in question was committed in January 2008 almost 8 years ago.

 

Delegated decision:

 

The Panel carefully 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 04/2016 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 of common assault, although serious, had been committed 8 years ago. The Applicant has no other convictions or complaints against him.