A report from the Executive Director (Operations) is attached.
Minutes:
Applicant 20/2019
Applicant 20/2019 withdrew his application.
Applicant 21/2019
Applicant 21/2019 attended the meeting and was accompanied by a representative, Mr Ahmed.
The Chair made introductions and Janet Witkowski, Head of Legal Services explained the procedure and ensured that the Applicant, his representative and members of the Licensing and Safety Panel had all read the report and his written submissions.
The Licensing Unit Manager presented a report submitted by the Executive Director (Operations) regarding the application for a Private Hire Vehicle Driver’s Licence. The report, which was accepted by the Applicant, explained that the Applicant had held a private hire drivers licence since 26/02/2015 and had renewed his licence annually until its revocation on 18th January 2018, following a conviction for possession of a controlled drug and the Applicants failure to disclose this to the Licensing Service in accordance with the licence conditions. The Applicant had now submitted a new licence application.
The Applicant’s representative addressed the Panel and explained that the Applicant had a turbulent childhood after the death of his father. He had recently married and made a decision to improve himself. He took responsibility for his actions, was remorseful and had shown a lack of judgement in the past. He stated he has stopped using drugs and in light of the current pandemic asked that he be allowed to renew is licence earlier to financially support himself. It was clarified that since 2017 he has had no further convictions or other issues and has worked hard until the pandemic had adverse effects on his employment.
When asked why he had not declared the offences he stated that he believed they would show up on his next renewal and he believed he was not obtaining the correct advice due to his naivety at the time. He was sorry for this and stated he understood the requirements and ongoing duties of holding a licence.
Delegated decision:
The Panel carefully considered the report, the oral and written representations by the Applicant and his representative and after 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 21/2019 be granted for a 12 month period.
The Panel noted that;
· the previous actions of the Applicant were serious.
· the Applicant had shown remorse and understood his previous behaviour was unacceptable.
· the Applicant‘s personal circumstances had now changed and he was settled and married.
Applicant 22/2019
Applicant 22/2019 attended the meeting and was unrepresented.
The Chair made introductions and Janet Witkowski, Head of Legal Services explained the procedure and ensured that the Applicant and members of the Licensing and Safety Panel had all read the report and his written submissions.
The Licensing Unit Manager presented a report submitted by the Executive Director (Operations) regarding the application of a Private Hire Vehicle Driver’s Licence. The report, which was accepted by the Applicant, explained that the Applicant had held a private hire drivers license since 29/03/2016. On the 21st April 2017 a complaint was received from a member of the public that the Applicant had refused to take three blind people and a guide dog in his vehicle and had been notified prior to the pickup. The Applicant appeared before the Panel in November 2017 and his licence was revoked. He appealed the decision to the Magistrates Court but this was dismissed as he failed to attend. He subsequently appealed to the Crown Court but withdrew this as he licence was then revoked on 1 August 2018, due to an allegation from Greater Manchester Police that they had arrested the Applicant in relation to offences under the Sexual Offences Act 2003 and the Theft Act 1968 which alleged he inappropriately touched a female passenger and refused to allow her to leave his vehicle.
The Applicant addressed the Panel and referred to the medical evidence he had submitted. He stated he has a phobia of dogs after being bitten by one as a child. He did advise the Panel he is taking steps to cure his fear by spending time with neighbour’s dogs and is getting better in his interaction with dogs. He advised he was unaware it was a guide dog when he took the original job and advised if he had known he would have conducted the journey. However he did accept that he was told that the pickup would be from Bury Blind Society, but stated that not everyone from that venue has a guide dog. He apologised and stated he would pick up a guide dog with a passenger in future.
When asked about the sexual offence and theft allegation, the Applicant stated these were false and not pursued by the police.
Delegated decision:
The Panel carefully considered the report, the oral and written representations by the Applicant and after taking into account all of the information before it in accordance with the Local Government (Miscellaneous Provisions) Act 1976, resolved, unanimously, that the application for a Private Hire driver’s licence by Applicant 22/2019 be granted for a 12 month period.
The Panel noted that;
· the allegations made against the Applicant were of a serious nature
· the Applicant showed remorse and apologised for his actions in relation to the guide dog
· the Applicant had medical evidence to support his phobia of dogs
· the Applicant is taking steps to improve his confidence around dogs and agreed he would now take guide dogs in his vehicle.
Applicant 23/2019
Applicant 23/2019 attended the meeting and was unrepresented.
The Chair made introductions and Janet Witkowski, Head of Legal Services explained the procedure and ensured that the Applicant and members of the Licensing and Safety Panel had all read the report and the Applicants written submissions. The Licensing Unit Manager presented a report submitted by the Executive Director (Operations) regarding the application of a Private Hire Vehicle Driver’s Licence. The report, which was accepted by the Applicant, explained that the Applicant was granted his first private hire driver’s license on 16th October 2015 for a three year period.
On the 3rd September 2018, the Applicant attended a hearing of the Licensing & Safety Panel for the driving offences which resulted in his driving licence being suspended by the DVLA for ‘totting up’ i.e. having 12 points on his licence. The Panel decided to suspend his Private Hire drivers licence for a period of 4 months. However, they determined that the suspension should only become effective when his DVLA licence was reinstated. This did not happen until 17 August 2019 as the Applicant was disqualified from driving for 6 months due to the points on his licence and a having been convicted of a further speeding offence.
The Applicant explained he had not worked for 18 months since the loss of his licence. He has had no convictions since getting his licence back. When asked by the Panel how he felt he was as a driver and how it reflected on public safety, he stated that the offences did not occur whilst carrying passengers and where only 3 to 6 miles over the relevant speed limit. He went on to state that whilst working as a taxi driver he worked for 60 or 70 hours per week which left him more likely to make mistakes. Since he has not been working, the Applicant stated he felt his driving had improved. He noted the impact on insurance premiums of the offences and sated that he was sorry. He had learnt the hard way and that he would not commit offence again.
Delegated decision:
The Panel carefully considered the report, the oral and written 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, resolved, unanimously, that the application for a Private Hire driver’s licence by Applicant 23/2019 be granted for a 12 month period.
The Panel noted that;
· the Applicant had a large number of driving convictions for speeding, which were all of a serious nature.
· the convictions demonstrated poor driving on a number of occasions.
· the Applicant has not been driving as a taxi driver for 18 months.
· the Applicant showed remorse for his actions.