A report by the Assistant Director (Legal and Democratic Services) is attached.
Minutes:
1. Licence holder 19/2018 attended the meeting and was represented by Mr Khan, Solicitor and accompanied by his Father. The Chair welcomed the licence holder and introduced the Licensing and Safety Panel and the Council Solicitor outlined the procedure to be followed.
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.
The report explained that the licence holder is a licensed Private Hire driver and his licence is due to expire on 17 October 2019.The licence holder also has a licensed Private Hire vehicle which has been licensed continuously since 9 May 2017 and expires on 9 May 2019. During the period from 10 May 2017 to 15 October 2018, time the licence holder has been spoken to and received written warnings regarding incorrect signage being displayed on the vehicle on 9 separate occasions and has persistently breached the Private Hire conditions. Therefore, the licence holder is now before the Licensing and Safety Panel.
The Licensing Unit Manager explained that the licence holder was scheduled to attend the last meeting on 6 December 2018 but due to being involved in a road traffic accident on 30 November 2018, was unable to attend and the hearing was adjourned.
Mr Khan, Solicitor, had provided the Licensing and Safety Panel with a full witness statement prior to the meeting, explaining the personal circumstances of the licence holder.
The licence holder and his Solicitor, Mr Khan addressed the Panel and explained that it was accepted that the licence holder had breached the licensing conditions and is now very remorseful. They explained that the licence holder had purchased a new vehicle, a Mercedes E Class AMG, which he was very proud of as he had never owned a car like this before.
Although he had displayed relevant signage on the vehicle, it was not approved operator signage and he had cut down stickers on magnets, to make them more aesthetically pleasing and blend in with the vehicle, as well as avoid damage to the paintwork. Following the road traffic accident on 30 November, 2018, the car was now ‘written off’ and he was driving a Passat car belonging to his operator, with full correct signage.
The licence holder accepted that his behaviour was completely inappropriate and that it was paramount that correct signage was displayed for the public to ensure they entered the correct vehicle. It was explained to the Panel that the licence holder’s brother had passed away in unexpected circumstances in September 2015, leaving this client as the main financial provider in the household, with his wife, Mother and Father, his three children and widowed sister in law and her four children.
Mr Khan explained that the licence holder was a model driver in every other way and it was very important to keep his licence in order to provide for his family. The licence holder reiterated how remorseful he was and fully appreciated the importance of correct signage on a vehicle for the public. He would fully comply with all licensing conditions in the future and would not appear before the Panel again.
Delegated decision:
The Panel carefully considered the report, the additional documentation and oral representations by licence holder 19/2018 and Mr Khan and 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 basis, to admonish the licence holder as to future conduct.
The Panel found as follows:
· That the licence holder’s behaviour and attitude to the approved Council’s signage was inappropriate and considered 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 breaches, had shown remorse for his actions and understood the importance of correct signage for the safety of the Public.
The licence holder was informed of their right to appeal to the Magistrates’ Court within 21 days.
2. Licence holder 20/2018 attended the meeting and was unaccompanied.
The Chair welcomed the licence holder and introduced the Licensing and Safety Panel and the Council Solicitor outlined the procedure to be followed. The Licensing Unit Manager explained that this hearing had been adjourned from the previous meeting on 6 December 2018, due to personal circumstances.
The Licensing Unit Manager presented a report submitted by the Assistant Director (Legal and Democratic Services). The report explained that this licence holder had been allocated a job to the home address of a 16 year old female to take her to her Nanna’s house at 7.47 pm on Tuesday 16 October 2018. The licence holder remarked on the female’s sister who had shown her into the vehicle, stating ‘she’s good looking’.
During the journey, the female described the driving as erratic, driving fast and swerving in and out of lanes and going through a red light. This scared the female as did the driver’s inappropriate conversation. When they arrived at her Nanna’s house, she told her what had happened and this was reported to the female’s Mother, who then reported it to the operator and the Licensing Service the next morning.
When the licence holder was interviewed by the Deputy Licensing Officer and Enforcement Officer, the licence holder stated he couldn’t remember the incident and denied the conversation and his manner during the interview was confrontational and dismissive.
Included with the report were witness statements from the 16 year old female and her Mother.
The licence holder stated before the Panel that the report was not accepted as he could not remember the incident at all as set out in the report. The licence holder acknowledged that he had received the report in advance of the meeting but felt that the complainant was exaggerating the incident.
The licence holder further addressed the Panel and explained that although he lived in Darwen, he liked driving taxis in the Radcliffe area as he knew people there. He explained that he takes young people all the time and occasionally they don’t have enough money to pay but he will still drop them at the door. He stated that he did not do or say what has been alleged and that the incident has been exaggerated or made up by the female and her Nanna had become angry and reported it.
Delegated decision:
The Panel carefully considered the report, and oral representations by licence holder 20/2018 and 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 basis, to revoke the licence.
The Panel found as follows:
· The Panel was satisfied with the complainants version of events
· There was no explanation for the licence holders allegation that the complainant had lied
· The licence holder stated he could not recall the incident at all but told the Panel about road closures on the evening in question
· The conduct and behaviour of the licence holder towards the complainant was completely inappropriate
· The licence holder had not understood or accepted the seriousness of the allegations
· The licence holder had shown no remorse for his actions, appearing confrontational and dismissive when interviewed by the Licensing Officer and also when before the Licensing and Safety Panel
· The licence holder had previously been suspended for an inappropriate conversation with a female passenger in December 2015
· That the licence holder was not a fit and proper person to hold a licence in Bury.
The licence holder was informed of their right to appeal to the Magistrates’ Court within 21 days.
3. A request was made by the Solicitor of licence holder 22/2018 to adjourn this hearing due to him moving address but failing to notify the Licensing Service and therefore not receiving the paperwork in time. This request was agreed with the Chair and members of the Licensing and Safety Panel.