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 did not attend the meeting and the Licensing Unit Manager informed the Members of the Panel that after liaising with his Solicitor, he had been notified by the Cousin of the Applicant that he was currently in Pakistan, however, he still wanted to proceed with the application. The Applicant had already been permitted two adjournments from previous Panel meetings in order to allow him to arrange a representative to accompany him.
Delegated decision:
It was agreed unanimously that, in view of the facts that the matter had been adjourned previously and the Applicant appeared content for the matter to proceed in his absence, the hearing go ahead in the absence of the Applicant based on the written report submitted.
After considering the written report, the Panel noted that the Applicant had been convicted of the following:
1 February 2012 at Manchester and Salford Magistrates’ Court for offence of failing to provide information as to the identify of a Driver
and had been sentenced with 6 penalty points on his DVLA Driving Licence and fined £165.00;
25 May 2012 at Macclesfield Magistrates’ Court for using a vehicle uninsured against third party risks and had been sentenced with 6 penalty points on his DVLA Driving Licence and fined £220.00;
5 August 2015 at Bury and Rochdale Magistrates’ Court for Tobacco Products Duty Act 1979 Section 8G(4)(a) and (6) – sell/offer for sale/otherwise deals in unmarked tobacco products otherwise than as prescribed and had been sentenced to 12 months conditional discharge with £85.00 costs and £15.00 victim surcharge, forfeiture and destruction of the tobacco.
The Panel carefully considered the report and 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 24/2015 be refused.
The Panel noted that the offences were of a serious nature and pursuant to the Convictions Guidelines amounted to 2 major traffic offences and an offence of dishonesty. There was no further explanation or mitigation presented by the Applicant and the latter offences was very recent.
The Applicant would be notified of their right to appeal to the Magistrates’ Court within 21 days.
Applicant 05/2016 attended the meeting and was unaccompanied. The Licensing Unit Manager informed the Panel that after speaking to the Applicant earlier in the day, he had stated that he had not received any of the paperwork for the hearing. Therefore, all of the documentation had been emailed to the Applicant and the Licensing Unit Manager clarified with the Applicant that he was happy to proceed with the meeting. The Applicant confirmed he had now received and read all the information and was content to continue.
The Licensing Unit Manager read the report, which was accepted by the Applicant, which stated that he had been convicted at Burnley Crown Court on 3 September 2010, in relation to being Concerned in the supply of a class B controlled drug (Cannabis) s4 (3)(B) Misuse Drugs Act 1971 and was sentenced to a confiscation order under the proceeds of Crime Act for £29.81 and given 100 hours Community Service.
The Applicant addressed the Panel and thanked them for giving him the opportunity to explain himself and stated that this offence was 6 years ago and he had learnt by this mistake. He explained that he is now married with a child and he is the main financial earner. He is currently a delivery driver in Bacup but has friends and family within the Bury and he and his family are considering moving into the area. The Applicant has been in contact with Uber Taxi Service, Manchester, who confirmed that if he obtains a Private Hire Driver’s Licence then he will be able to gain employment within the Company. The Applicant also produced 2 references for consideration.
Delegated decision:
The Panel considered the written report, the oral representations and references, 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 05/2016 was a fit and proper person and resolved, on a majority decision, to grant the application for a Private Hire Driver’s Licence.
The Panel noted that although the offences were of a serious nature, it was satisfied they were some time ago and that there had been no further convictions since that time.
The Licensing Unit Manager informed the Licensing and Safety Panel that Applicant 06/2016 had now withdrawn their Application.
Applicant 09/2016 attended the meeting and was unaccompanied. The Licensing Unit Manager read the report, which was accepted by the Applicant, which explained that he had been convicted at Manchester Magistrates’ Court on 22 September 2011 for offence of using a vehicle uninsured against third party risks, for which he had been sentenced to disqualification for 6 months.
The Applicant addressed the Panel and explained that the offences were unintentional and that he had believed he was covered to drive the vehicle in question. He went on to explain that his licence was not taken from him at court in 2009, albeit it was endorsed with 6 penalty points. His Licence was returned.
He did not realise that as the offence was within the first 2 years of driving, that the endorsement also resulted in DVLA revoking his Licence until he re-sat and passed the driving test and therefore, when he was caught by the Police driving his friend’s car in 2011 his Licence was still revoked and therefore his Licence was then endorsed with another 6 points and therefore added to the 6 points already on his Licence and on the totting up system, he was disqualified from driving for 6 months.
The Applicant also explained that he was now married with children and needed to financially support his family. He had previously been a Security Guard but being a Private Hire Driver, would result in more stable employment for him. He also pointed out that he had now had his licence for 3 years without any further convictions.
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 09/2016 was a fit and proper person and resolved, on a majority decision, to grant the application for a Private Hire Driver’s Licence.