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 suspensions of Private Hire Drivers’ Licences.
Licence Holder 07/2016 attended the meeting and was unaccompanied. The Chair outlined the procedure to be followed and the Licensing Unit Manager read the report, which was accepted by the Licence Holder, and explained that on 16 December 2012, the Licence Holder had received a Simple Caution from Greater Manchester Police for battery. The Licence holder had not made this known to the Licensing Service on 19 December 2012 when his first Private Hire Driver’s Licence was granted nor was it declared when the Licence was renewed in December 2013 and December 2014.
The Licence holder explained that the Simple Caution was in relation to a domestic dispute with his wife in the family home on 15 December 2012, when he pushed her onto the settee and held her down. His wife reported the matter to the Police which resulted in him being issued with a Simple Caution. The Licence Holder stated that he asked the Police Officer who administered the Simple Caution if it would appear on a DBS Disclosure Certificate and if it would prevent him from obtaining a Private Hire Driver’s Licence and was told that the Simple Caution was not a conviction and would not appear on a DBS Certificate nor prevent him from being a taxi driver and therefore the Licence Holder did not disclose the Simple Caution to the Licensing Service. However, in October 2015, on his latest DBS Certificate, the Simple Caution was identified.
The Licence Holder explained to the Licensing and Safety Panel that he had not hidden any information from the Licensing Service and that he genuinely did not realise he should declare the Simple Caution, as he had understood from the police officer that it was not a serious matter. On questioning he accepted that the renewal forms did set out the fact such matters should be reported and declared. However, the Licence Holder stated he still believed based on the police officer’s advice that he did not need to declare the Simple Caution.
Delegated decision:
After carefully considering the written report, the oral statements from the Licence Holder and pursuant to the Local Government (Miscellaneous Provisions) Act 1976, the Panel resolved, unanimously, to admonish the Licensee as to future conduct and to take no further action. The Panel noted that the offence, although serious, had been committed over 3 years ago. He had received a Simple Caution and had no other convictions.
Licence Holder 08/2016 attended the meeting and was accompanied by his wife. The Licensing Unit Manager read the report, which was accepted by the Licence Holder which explained that based upon information received by the Licensing Unit, enquiries of Bolton Council’s Licensing Service revealed that Bolton Council had revoked the Licence Holder’s Private Hire Driver’s Licence with immediate effect on 16 September 2014 on the grounds of Public safety, following information received from members of the public, regarding the Licence Holder’s behaviour.
The Licence holder had failed to declare to Bury Council that his Licence at Bolton had been revoked when submitting his application for a Private Hire Driver’s Licence.
The Licence holder and his wife addressed the Panel and explained that he is a good person and of no risk to the public. They explained that the Licence Holder disputes all the allegations made against him and stated that he felt ‘ganged up’ against from previous employers following a dispute over money after a road accident in a Private Hire vehicle. Also, the Licence Holder’s previous occupation was as a Security Guard and he felt that people did not like him. He had fallen out with a number of individuals and there was a conspiracy against him which had subsequently led to his Licence being revoked following these false allegations.
The Licence Holder also presented a written statement and brought with him several written references from customers, past and present. He was currently working in Bury and had received no complaints about his conduct and also produced a reference from his current employer. He has been a Private Hire Driver for 10 years.
Following questions from the Panel, the Licence Holder accepted he had failed to declare the revocation on his application form, but stated this was based on advice from a third party that had helped him complete the form. He apologised to the Panel for this error and assured the Panel this would not happen again.
Delegated decision:
After carefully considering the written report, oral statements from the Licence holder and his wife, taking into consideration the written statement and character references and pursuant to the Local Government (Miscellaneous Provisions) Act 1976, the Panel resolved, on a majority decision, to admonish the Licensee as to future conduct and to take no further action. The Panel noted that although the allegations made against the Licence holder were serious, they accepted that he seemed honest and of genuine character and had the full support of his wife and family. He had been a Private Hire Driver for 10 years and since working in Bury there had been no complaints about him, and appeared remorseful in relation to his failing to declare the revocation. The Chair stressed to the Licence holder that Public Safety was paramount and that if his conduct was not exemplary he would have his Licence revoked with Bury Council.