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 33/2016 attended the meeting and was unaccompanied. The Licensing Unit Manager read the report, which was accepted by the Applicant. This explained that the Applicant had been convicted of driving a motor vehicle with excess alcohol on 4 November 2011 at Coventry District Magistrates’ Court and was disqualified from driving for 18 months and fined £20 with £80 costs.
The Applicant addressed the Panel and explained that he was a single Father of a 10 year old daughter, with a lot of responsibility to provide for her. He currently works night shifts but to drive a Private Hire vehicle would allow him to work hours that suited him to be able to care for his daughter. The Applicant explained that he had also attended a DVLA drink/driving course and is licence had therefore been restored to him after 12 months. He further stated that he no longer drank, particularly as he took his responsibilities for caring for his daughter very seriously.
Delegated decisions:
1. The Panel carefully considered the written report and the oral representations made by the Applicant and taking into account the Council’s Conviction Policy and Guidelines, in accordance with the Local Government (Miscellaneous Provisions) Act 1976 the Panel determined that Applicant 33/2016 was a fit and proper person and resolved to grant the application for a Private Hire Driver’s Licence.
The Panel noted that although a serious matter, the conviction was over 5 years ago and there had been no further convictions since that time. The Panel also acknowledged the Applicant’s personal circumstances and that he was remorseful for his actions.
1. Applicant 34/2016 attended the meeting and was unaccompanied. The Licensing Unit Manager read the report, which was accepted by the Applicant. This explained that the Applicant had previously held a Private Hire drivers licence, which had expired on 17 November 2016. He subsequently submitted a new application and declared he had been convicted at Manchester and Salford magistrates’ Court on 11 March 2016 for driving with no insurance (IN10), committed in November 2015. The Applicant had his DVLA Licence endorsed with 6 penalty points and was fined £175.
The Applicant then addressed the Panel and explained that he had been randomly stopped by Police in Bury Town Centre. When asked by the police what he was doing, he had openly explained that he was transporting food from a takeaway business. The Applicant stated that he had gone to collect food for his family from a friend’s takeaway business and his friend had asked him to deliver some food on his way home and help him out, as it was a very busy night. He stated that he did not realise that his own vehicle insurance did not cover him for this purpose and that as it was classed as commercial/business use, he required additional insurance. When advised by the police that he was not insured, his vehicle was seized and he had to pay for its return.
When asked why the conviction had not previously been declared to the Council during the period of the Applicant’s previous licence, the Applicant explained that he had forgotten about the conviction as he has had a stressful time as his wife is a cancer patient.
Delegated decision:
The Panel carefully considered the written report and the oral representations made by the Applicant and taking into account the Council’s Conviction Policy and Guidelines, in accordance with the Local Government (Miscellaneous Provisions) Act 1976 the Panel determined that Applicant 33/2016 was a fit and proper person and resolved to grant the application for a Private Hire Driver’s Licence.
The Panel accepted the Applicant’s explanation that he did not realise his insurance would not cover him and he appeared genuinely remorseful for this conviction. It noted that the vehicle he was driving at the time did have insurance, albeit not for the purpose it was being driver for. It further noted that he had previously been a licensed driver for over 10 years without complaint or conviction. There had also been no further convictions since the one in question.