Agenda item

SUSPENSION/REVOCATION OF HACKNEY CARRIAGE/PRIVATE HIRE DRIVERS' LICENCES

A report by the Assistant Director (Legal and Democratic Services) is attached.

Minutes:

           1.      Licence Holder 06/2018 attended the meeting and was represented by Mr Rashid, Solicitor.      

 

        The Chair outlined the procedure to be followed and the Licensing Unit   Manager presented a report submitted by the Assistant Director (Legal and

        Democratic Services), which was accepted by the Licence Holder and his Solicitor. This explained that on 1 May 2018, the Licence Holder attended the Licensing Service and presented paperwork issued by Greater Manchester Police (GMP) indicating that he was to stand trial at Manchester Magistrates’ Court on 22 June 2018 for offences contrary to the Protection from Harassment Act 1997 and on 27 June 2018, he advised that he had been found guilty of conduct amounting to stalking contrary to s.21 (1) & (4) Protection from Harassment Act 1997.  The dates of the offence for which the Licence Holder was convicted were 1st and 25th April 2018. The Licence Holder was given a restraining order lasting until 21 June 2020 and sentenced to 100 hours unpaid community work with a £380 fine.

 

        The Licence Holder’s Solicitor addressed the Panel and explained that the Licence Holder had been a Private Hire Driver since April 2013 and during this five years he had not received any complaints about his conduct or received any points on his licence or endorsements.  It was explained that he had been a resident in the UK since 2003, is married and had 2 children. However, the Licence Holder and his wife separated in September 2017 and the main concern for him is contact with his children.  His wife has made allegations that the Licence Holder has been continually contacting her and her family by telephone and followed her in his car which is a licenced Private Hire vehicle, which he denies.

 

        Various questions were asked from the members of the Licensing and Safety Panel and the Solicitor confirmed that there was never any accusation of violence against the Licence Holder, nor any involvement from Social Services in relation to the children.  The Licence Holder had pleaded guilty to the offence on the basis of a phone call and that he has cooperated fully with the Licensing Service and approached them of his own accord.  Character references were provided from his employer.

       

        Delegated decision:

 

                The Panel carefully considered the report, the additional documentation and oral representations by the Licence Holder 06/2018 and Mr Rashid and taking into account the Council’s Conviction Policy and Guidelines and in accordance with the Local Government (Miscellaneous Provisions) Act 1976, resolved, unanimously, to admonish the Licence Holder as to future conduct.

               

     The Panel found as follows:

 

·         That the Licence Holder’s conviction and conduct amounting to stalking was a serious matter.

·         That the Licence Holder should be fully aware of the Licensing conditions and what is expected of him as a Private Hire Driver in Bury.

·         The Licence Holder had understood the seriousness of the offence and had shown remorse for his actions.

 

The Licence Holder was informed of their right to appeal to the Magistrates’ Court within 21 days.

 

2.     Licence Holder 11/2018 attended the meeting and was accompanied by his wife.

 

        The Chair outlined the procedure to be followed and the Licensing Unit   Manager presented a report submitted by the Assistant Director (Legal and Democratic Services), which was accepted by the Licence Holder and his wife. This explained that on 14 June 2018, the Licence Holder had attended the Licensing and Safety Panel in respect of convictions relating to speeding and his failure to notify the Licensing Authority of them. At that meeting the Panel was advised that on 30 May 2018, the Licence Holder had appeared at Bradford Magistrates’ Court and submitted an exceptional hardship argument against a proposed driving disqualification. However, the Magistrates disqualified the Licence Holder for a lesser period of 56 days and as a result of this decision, an appeal was submitted to the Crown Prosecution Service.  On 31 May 2018, the Licensing Service was notified that the client had been banned from driving for 2 months because of accruing 12 penalty points on his DVLA Licence.

 

        Members of the Panel were further advised that the Licence Holder had, on 5 June 2018, appealed the disqualification and had successfully had this removed pending the appeal. The Panel had then agreed to suspend the Licence Holder’s driver’s licence and Operator’s licence for a period of 2 months and had instructed the Licence Holder to undertake the practical driving assessment for taxi drivers provided by one of the Council’s approved driver training providers.

       

        The Licence Holder addressed the Panel and expressed deep regret at his actions, explaining it was the hardest 56 days for him and his wife and that it had affected her health.  He has taken the practical driving assessment as required and stressed that he was a good driver and Operator and how important it was to him and his wife to be able to keep his licence. He apologised for his actions and stated he regretted them and was ashamed.

 

        Delegated decision:

 

The Panel carefully considered the report, and oral representations by the Licence Holder 11/2018 and his wife and taking into account the Council’s Conviction Policy and Guidelines and in accordance with the Local Government (Miscellaneous Provisions) Act 1976, resolved, unanimously, to admonish the Licence Holder as to his future conduct.

 

The Panel noted;

·         The fact the Licence Holder had been disqualified from driving was a serious matter.

·         The previous Panel’s 2 month suspension imposed on 14 June 2018 would end on 20 September 2018. 

·         The Licence Holder was very remorseful for his actions.

·         The Licence Holder had clearly learned a lesson in relation to his conduct and the resulting impact of the suspension of his licences.

 

The Licence Holder was informed of their right to appeal to the Magistrates’ Court within 21 days.

 

3.     Licence Holder 12/2018 attended the meeting and was unaccompanied. The Chair outlined the procedure to be followed and the Licensing Unit Manager presented a report submitted by the Assistant Director (Legal and Democratic Services), which was accepted by the Licence Holder. This explained that the Licence Holder had been convicted at Manchester Magistrates’ Court on 6 June 2018 of driving without insurance and plying for hire for which he had received 6 penalty points and fined a total £1,110.

 

        The Licence Holder addressed the Panel and explained that he had been working on Deansgate in Manchester when two young ladies just got into his vehicle.  He accepted the fare due to the fact that he had refused to take someone previously and had ended up being assaulted and had to go to hospital and he did not want this to happen again.  However, he was pulled over by Manchester Licensing Officers as part of a plying for hire exercise and subsequently received a summons to Court when he pleaded guilty to the offences.  He will also appear before Manchester Licensing Panel on 18 September 2018. 

 

        Delegated decision:

 

The Panel carefully considered the report, and oral representations by the Licence Holder 12/2018 and taking into account the Council’s Conviction Policy and Guidelines and in accordance with the Local Government (Miscellaneous Provisions) Act 1976, resolved, unanimously, to take no action against the Licensee.

 

The Panel noted;

·         The Licence Holder was in a difficult position and that he was concerned an altercation would take place if he refused the fare due to a past incident. 

·         The Licence Holder understood the seriousness of his actions and the offences and was remorseful for his actions.

 

The Licence Holder was informed of their right to appeal to the Magistrates’ Court within 21 days.

 

4.     Licence Holder 13/2018 attended the meeting and was unaccompanied.  The Chair outlined the procedure to be followed and the Licensing Unit Manager presented a report submitted by the Assistant Director (Legal and Democratic Services), which was accepted by the Licence Holder. This explained that he had informed the Licensing Service on 20 July 2018 that he had been banned from driving for a period of 56 days because he had accrued 12 penalty points on his DVLA Licence.  The Client had received motoring convictions for speeding on 4 separate occasions, for which he had received 3 points for each. He had a further two speeding convictions still to be added to his licence.

 

        The Licence Holder addressed the Panel and explained that he had appealed the disqualification for 56 days to the Crown Court but the appeal was dismissed and the penalty was increased by £100.  The disqualification period now finishes at the end of September 2018.  The driver stated that he had been working for Uber over the last 18 months and he was not earning enough money, therefore was working longer hours, which resulted in him making mistakes.  He was now married with a little girl and if his licence is revoked this will leave the family in financial difficulties. The Licence Holder also stated that he has already undertaken a speed awareness course in 2014 as a result of previous speeding convictions.

 

        The Panel members asked various questions of the Licence Holder, including why he had received a written warning in relation to poor attitude towards a Manchester Enforcement Officer and the Licence Holder explained that he had been parked on double yellow lines on Peter Street, Manchester waiting for a young lady to enter his vehicle.  It was raining at the time but he was asked to move before the young lady got into the vehicle, which the Licence Holder thought was unreasonable and a disagreement ensued.  The Enforcement Officer was in fact a Licensing Officer and therefore he was warned of his conduct but received no penalty charge.

 

        Delegated decision:

 

The Panel carefully considered the report, and oral representations by the Licence Holder 13/2018 and taking into account the Council’s Conviction Policy and Guidelines and in accordance with the Local Government (Miscellaneous Provisions) Act 1976, resolved, unanimously, to suspend the Licence Holder for a period of 4 months from the end of September 2018.

 

The Panel found as follows:

 

·         Multiple speeding offences have been committed over a short period of time.

·         The offences were of a serious nature.

·         Public safety is paramount and the Licence Holder did not appear to understand the seriousness of speeding.

·         The Licence Holder showed no remorse for his actions.

·         There are still outstanding speeding offences which have not yet been added to the Licence Holder’s DVLA Licence.

 

The Licence Holder was informed of their right to appeal to the Magistrates’ Court within 21 days.

 

5.   Licence Holder 14/2018 attended the meeting and was unaccompanied.  The Chair outlined the procedure to be followed and the Licensing Unit Manager presented a report submitted by the Assistant Director (Legal and Democratic Services), which was accepted by the Licence Holder. This explained that the Licensing Unit Manager was contacted by the Workshop Manager of Bradley Fold Testing Station about the Licence Holder’s conduct when he took his vehicle to be examined on 17 July 2018.

 

      The Workshop Manager reported that the Licence Holder was over 10 minutes late and therefore they would not test his vehicle, as is their Policy.  The Licence Holder became aggressive and shouted in his face and stormed out of the office shouting and screaming expletives at the top of his voice, which was witnessed by 5 other Council employees.  The workshop Manager stated that he had informed the Licence Holder’s employer that they would not put up with aggressive behaviour and the Licence Holder would not be allowed back to the Bradley Fold Site.

 

      The Licence Holder addressed the Panel and explained that prior to having his vehicle tested he had gone to have his car valeted and the tyres checked but that establishment had opened late, putting him behind schedule.  However, it was a misunderstanding and he had not been swearing at the Workshop Manager just generally on his way out, in particular at something his son had said.  He was frustrated that his car would not be checked and that he would have to pay again to have it re-booked.  If it was taken out of context then he would apologise to the Workshop Manager personally. 

 

      The Licence Holder denied being 10 minutes late and he had taken a picture of the clock which read 7 minutes past not 10 minutes, however, he did not have that available for the Panel.  He had been to the station on many occasions and sometimes he had to wait 40 minutes but didn’t complain.  He explained that driving a taxi is a stressful job and having to deal with drunks.  He had a lot of responsibility in his family and needed to provide financially.  The fact that he would have to pay another £30 to have his vehicle re-booked was money that he didn’t have and as it had been a stressful day he was shouting out loud but not to any one person, only generally.

 

        Delegated decision:

 

The Panel carefully considered the report and oral representations by the Licence Holder 14/2018 taking into account the Council’s Conviction Policy and Guidelines and in accordance with the Local Government (Miscellaneous Provisions) Act 1976, resolved, on a majority vote, to suspend the Licence Holder for a period of 2 months.

 

The Panel found as follows:

 

·         On balance the Panel was satisfied that the Licence Holder had shouted and sworn at the staff at Bradley Fold.

·         The conduct and behaviour of the Licence Holder was completely inappropriate towards staff and that he should be fully aware of the Licensing conditions and what is expected of him as a Private Hire Driver in Bury.

·         Even if the Licence Holder had not directed his bad language towards staff, the Panel was satisfied his language and conduct was wholly inappropriate for a Licence Holder in Bury.

·         The Licence Holder showed no remorse or understanding of his actions.

 

The Licence Holder was informed of their right to appeal to the Magistrates’ Court within 21 days.