Agenda item

APPLICATIONS FOR PUBLIC/PRIVATE HIRE DRIVERS' LICENCES

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

Minutes:

(E)              The Licensing Unit Manager presented a report submitted by the Assistant Director (Legal and Democratic Services) regarding applications for Private Hire and Hackney Carriage Vehicle Drivers’ Licences. 

 

    The Applicants were invited to attend the meeting for separate hearings and invited to address the Panel separately on their applications  and any matters referred to in the Officer’s report. 

 

1.     Applicant 15/2018 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 Applicant. This explained that the Applicant had been convicted at North and West Cumbria Magistrates’ Court on 19 October 2016 for failing to give information as to identity of a driver for which he was fined £440.00 and received 6 penalty points on his DVLA Licence.  It was explained that the Applicant had been caught, by a parked Police car, speeding on the motorway whilst driving to Scotland, however, the Applicant moved address and did not inform the DVLA and was unaware of the fine issued.  Subsequently a Court date was arranged which the Client failed to attend as he was unaware of it.

 

The Applicant explained that he has been in Bury since 2005 and has been working in a takeaway.  He is now engaged and due to marry next year and he would like the opportunity to become a Private Hire Driver in order to provide financially for his wife.

 

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 and in accordance with the Local Government (Miscellaneous Provisions) Act 1976 resolved, unanimously, that the application for a Private Hire Driver’s Licence by Applicant 15/2018 be granted.

 

The Panel noted:

·         The Applicant knew the seriousness of speeding.

·         The Applicant showed remorse for his action.

 

At 10.00 pm the Licensing and Safety Panel agreed to suspend standing orders to continue the meeting.

 

2.     Applicant 16/2018 attended the meeting and was accompanied by his wife and Councillor Preston.  The Chair outlined the procedure to be followed and the Licensing Unit Manager read the report, which was accepted by the Applicant. This explained that the Applicant has previously held both Hackney Carriage and Private Hire Driver Licences granted by this Authority since 4 May 1994. 

 

The Applicant’s Hackney Carriage Driver Licence was revoked by the Licensing and Safety Panel on 12 January 2015 due to racial harassment, using threatening, abusive, insulting words or behaviour with intent to cause harassment, alarm or distress (section 5 Public Order Act 1986).  The report also listed a chronology of previous incidents where the Applicant’s volatile behaviour have come to the attention of the Licensing Service, for which he had received verbal warnings and or sent formal warning letters. 

The Applicant appeared before the Licensing and safety Panel on 6 April, 2009, and the Panel resolved that he be sent a final warning letter; the Applicant then appeared before the Panel on 11 January 2011, which resulted in the Panel suspending his Hackney Carriage Driver Licence for a period of 2 months and then finally having his licence revoked in January 2015.

 

The Applicant addressed the Panel and explained how important it was for him and his wife that he be able to work as a taxi driver.  He is currently working as a volunteer in various jobs but would like to be able to provide financially. He explained that he had been ill with cancer and wanted to continue to work.

 

Delegated decision:

 

The Panel carefully considered the written report and the oral representations made by the Applicant and his wife and with due consideration of the potential effect on the Applicant’s livelihood and family life, determined the Applicant not to be a fit and proper person in accordance with the local Government (Miscellaneous Provisions) Act 1976 and therefore resolved, on a majority basis, that the Applicant identified as 16/2018 be refused a Hackney Carriage Driver’s Licence.

 

The Panel found that:

 

·         The Applicants behaviour has been unacceptable on a number of previous occasions, particularly towards Council Officers and people in a position of authority.

·         The Applicant had been convicted of a recent serious offence also connected with his behaviour.

·         The Applicant has received numerous verbal and written warnings from the Licensing Service and had been before the Panel on a number of occasions in relation to his aggressive conduct. 

·         Public safety is paramount and the Panel did not feel that the Applicant was a fit and proper person to hold a Hackney Carriage driver’s licence in Bury.

 

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

 

3.     Applicant 17/2018 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 Applicant. This explained that he had previously held a Private Hire Driver’s Licence with Bury, which was revoked by the Licensing and Safety Panel on 3 March 2015 for convictions relating to; failing to comply with a traffic sign, plying for hire and no insurance, exceeding the statutory speed limit on a public road and making false representation to make gain for self or another.

 

On 29 May 2018, the Applicant then made a subsequent application for a Private Hire Driver’s Licence and as part of the application, he declared the previous offences and convictions from July and October 2014.  The offence relating to no insurance has been removed from the Applicant’s DVLA licence as from 7 July 2018; the offence relating to exceeding the statutory speed limit on a public road has been removed as from 13 July 2018 and the failure to comply with a traffic sign will remain on his DVLA record until 11 October 2018.

 

The Applicant addressed the Panel and explained when he had previously held a Licence he was very young.  He was now 25 years old and is married with a child and much more mature.  He had been working in a PPI call centre in Bury and also for the CSA in Bolton and was now working in Wigan selling carpets.  He needed a more secure employment which would enable him to provide for his family financially. The Applicant confirmed he has a clean driving licence now.

 

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 and in accordance with the Local Government (Miscellaneous Provisions) Act 1976 resolved, unanimously, that the application for a Private Hire Driver’s Licence by Applicant 17/2018 be granted.

 

The Panel noted;

·         The Applicant was very remorseful for his previous actions and that he understood the error of his ways. 

·         The past offences were of a serious nature but the Applicant understood the gravity of the matter.

·         The Applicant had a current clean driving licence.

·         The offences were more than 3 years ago.