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.
1. Applicant 01/2017 attended the meeting and was represented by Mr Oakes of The Hackney Drivers’ Association Limited. The Licensing Unit Manager summarised the report, which was accepted by the Applicant and Mr Oakes, which explained that the Applicant had previously held a Private Hire licence with Bury Council from 23 September 2013 to 13 February 2014, when the Licensing and Safety Panel had revoked the licence following an incident on 19 November 2013. The report explained that on the morning of 19 November a Civil Enforcement Officer was on duty on Wellington Road when she came across the Applicant’s Licensed Private Hire vehicle parked in a suspended parking bay and subsequently attached a fixed penalty notice to the vehicle.
The Applicant, who lived nearby, approached the Officer in an angry manner, swearing. The Officer tried to reason with the Applicant and then started to walk away. She then felt a blow to the side of her head, which knocked off her hat and a push in the back, causing her to stumble.
The Applicant and Mr Oakes then addressed the Panel and accepted that although the Applicant had knocked off the Officer’s hat, he had not pushed her in the back, nor sworn at her. The Applicant explained that at that time he had pulled a muscle in his leg and was in a great deal of pain and had lost his temper momentarily. Mr Oakes stated that this was not an excuse but a reason why the offence had taken place. The Applicant had appealed the Licensing and Safety Panel’s decision to have his licence revoked to the Magistrates’ Court but stated that he had not been given notice of the hearing and had therefore failed to attend. The matter was dismissed and he had been ordered to pay costs of £2,050 at £35 - £40 a month and he still owed £1,215.
Mr Oakes stated that the offence had occurred over 3 years ago and the Applicant stated he did not realise that where he had parked was a suspended parking bay. He took full responsibility for his actions and regretted his behaviour and hoped he could now be given another chance as a Private Hire Driver.
Delegated decision:
The Panel carefully considered the report and the oral representations by Mr Oakes and the Applicant and taking into account the Council’s Conviction Policy and Guidelines and in accordance with the Local Government (Miscellaneous Provisions) Act 1976 and resolved, unanimously, that the application for a Private Hire Driver’s Licence by Applicant 01/2017 be refused.
The Panel noted that this was a serious matter and the Applicant at that time had only been driving as a Licensed Private Hire Driver in Bury for 2 months when the incident occurred. The Panel further noted he had shown little remorse for his actions and provided no reassurances to the Panel as to his future conduct. It therefore did not feel confident as to his future conduct, despite the passage of time. The Applicant had not attended Court for the appeal hearing and in all the circumstances, the Panel determined the Applicant not to be a fit and proper person.
The Applicant was informed of his right of appeal to the Magistrates’ Court within 21 days.
2. Applicant 02/2017 attended the meeting and was unaccompanied. The Licensing Unit Manager summarised the report, which was accepted by the Applicant, which explained that the Applicant had been convicted at Bolton Crown Court on 27 April 2012 following an offence on 30 November 2011, of wounding/inflicting grievous bodily harm and possessing an offensive weapon in a public place. The Applicant had been sentenced to community order 12 months supervision requirement and forfeiture of the knife (offensive weapon). He had also failed to declare the latter offence on his application.
The Applicant then addressed the Panel and explained that the incident had occurred at an establishment in Radcliffe. The Applicant knew a member of staff, who was a friend, at the premises and regularly took some of his wages to send home to his parents, otherwise his friend would spend all of the money on ‘weed’. The owner took offence to this and accused the Applicant of stealing his money. He became verbally abusive and would spit at him. This continued over a number of months until the night in question, when the owner of the premises was particularly abusive, physically and verbally. The Applicant stated that he did not know what to do and therefore went home to get the knife and returned. He did not intentionally mean to hurt the owner and he accepted this was a grave mistake which he deeply regretted, particularly as it had greatly affected his life.
When asked by the Licensing and Safety Panel why he had not declared on his application possessing an offensive weapon, he explained that he did not realise it was a separate offence, as he had been convicted of both offences at the same time.
The Applicant explained that he had previously been working for a housing association and with young people and people seeking asylum.
Since being on remand from prison for these offences, he had applied to return to the same job but was unable to do so following this conviction. He had applied for a number of other jobs but was unsuccessful and until only yesterday he had been working at a warehouse but now has no job. He has been in touch with Uber Private Hire Operator and could secure a job with them if he can be granted a licence.
Delegated decision:
The Panel carefully considered the report and the oral representations by the Applicant and after taking into account the Council’s Conviction Policy and Guidelines and in accordance with the Local Government (Miscellaneous Provisions) Act 1976 and resolved, unanimously, that the application for a Private Hire Driver’s Licence by Applicant 02/2017 be refused.
The Panel agreed that these were very serious offences and appeared to have occurred in a pre-meditated manner. It was noted that the conviction for the wounding offence had been less than 10 years prior to the application, but there were no exceptional circumstances that would justify the Panel not following the Council’s Conviction Policy. Although the Applicant was remorseful for his actions and needed to be working again, they did not feel that he was a fit and proper person to be a Private Hire Driver in Bury.