Agenda and minutes

Agenda and minutes

Licensing and Appeals Sub Committee Hearing Panel - Monday, 15th April, 2019 10.00 am

Venue: Room 1009, Level 1, Town Hall Extension

Contact: Beth Morgan 

Items
No. Item

36.

Interests

To allow Members an opportunity to [a] declare any personal, prejudicial or disclosable pecuniary interests they might have in any items which appear on this agenda; and [b] record any items from which they are precluded from voting as a result of Council Tax/Council rent arrears; [c] the existence and nature of party whipping arrangements in respect of any item to be considered at this meeting. Members with a personal interest should declare that at the start of the item under consideration.  If Members also have a prejudicial or disclosable pecuniary interest they must withdraw from the meeting during the consideration of the item.

Minutes:

Councillor Lynch declared a personal and prejudicial interest in Item 9, as she knew the attendee in a personal capacity.  Councillor Grimshaw replaced her while this matter was considered and determined.

37.

Exclusion of the Public

The officers consider that the following item or items contains exempt information as provided for in the Local Government Access to Information Act and that the public interest in maintaining the exemption outweighs the public interest in disclosing the information. The Committee is recommended to agree the necessary resolutions excluding the public from the meeting during consideration of these items. At the time this agenda is published no representations have been that this part of the meeting should be open to the public.

Minutes:

A recommendation was made that the public is excluded during consideration of the items of business.

 

Decision

 

To exclude the public during consideration of the following items which involved consideration of exempt information relating to the financial or business affairs of particular persons, and public interest in maintaining the exemption outweighed the public interest in disclosing the information.

38.

Application for a Review of a Private Hire Driver Licence (MS)

The report of the Head of Planning, Building Control and Licensing is attached.

Minutes:

This item was deferred to 13 May 2019 to allow the driver’s legal representative to attend.

39.

Application for a Review of a Hackney Carriage Driver Licence and a Private Hire Driver Licence (IK)

The report of the Head of Planning, Building Control and Licensing is attached.

Minutes:

This item was deferred to 23 April 2019 to allow a DBS check to be carried out.

40.

Application for a Review of a Private Hire Driver Licence (SH)

The report of the Head of Planning, Building Control and Licensing is attached.

Minutes:

The Applicant attends with another a friend to translate but was advised this was not appropriate and the Clerk to the Committee arranged for an authorised Urdu interpreter to attend.

 

At the hearing, The Applicant also provided the following documentation:

Written explanation; references; Uber documentation and financial documentation.

The Committee was made aware that the Applicant had appeared before the Greater Manchester Magistrates’ Court in respect of four allegations of domestic related Common Assaults and was convicted on the 8th of January 2019 and sentenced to a Community penalty for each offence, (to run concurrently), on the 30th of January. The Applicant notified the Authority of the conviction on the 20th of February.

 

The Applicant explained to the Committee he had come to this country 20 years previously, until these convictions he had been of good character both here and in Pakistan and had also not accumulated any motoring convictions. He had carried out 9000 jobs with Uber and worked with Street Cars for 14 years without any complaints. He had worked as a bus driver without any complaints. This was only incident.

 

Of the four convictions, he explained one was in relation to his daughter whom had disrespected him when she was told to go to her room and he had only taken hold of her arm; there was no other force, no incident and no injury; she had given evidence at the trial.

 

The three other allegations were made by his wife and he disputed these in their entirety, maintained she had not given evidence at his trial; stated his daughter hadn’t given evidence against him in this regard but he had been convicted.

 

He maintained the allegations by his wife were malicious as a result of debts accrued in connection with family land in Pakistan. Both he and his wife had entered into IVA’s which ultimately meant they could not re-mortgage the house and had resulted in the mortgage company instigating steps to repossess the house.

 

His wife had been angry and blamed him; locked him in the marital home and made false allegations to the police.

 

The Committee noted the Applicant had stated on his notification form that bruising to the upper arm was entered in relation to injuries to the victim. The Applicant disputed this stating someone else had completed the form for him.

 

The Committee were of the opinion that notwithstanding the explanation provided by the Applicant, he had been convicted of four separate assaults on three different dates and had been convicted after a trial. The Committee could not go behind those convictions.

 

The Committee did not accept the explanation proffered by the Applicant and did not find it credible. Thereafter the Committee applied the statement of policy and guidelines noting the conviction date, (and the actual offence dates), were within the previous twelve months.

 

Although there was some mitigation in respect of the Applicant’s previous good character, this was not sufficient in the circumstances to depart the policy and  ...  view the full minutes text for item 40.

41.

Application for a Review of a Private Hire Driver Licence (SA)

The report of the Head of Planning, Building Control and Licensing is attached.

Minutes:

The Committee was advised that the Applicant held a Private Hire Driver’s Licence and had applied for a Hackney Carriage Driver’s Licence.

 

He had notified the Authority of convictions on the 1st of March 2019.

 

As a result of this, the Licensing Unit had spoken with Club Cars who in turn had notified the officers of three complaints: -

26.6.18:           Inappropriate comments made to a passenger;

28.12.19:         Intrusive and odd comments to a female passenger and had been watching a violent video;

21.3.19:           Complaint by a 15 year old female re inappropriate comments following which Club Cars had released the Applicant from their books and he had attended at the girls address and remained there for twenty minutes asking why they had reported him and asking them to change their story.

 

On the 21st of March 2019, the Authority had suspended his licence with immediate effect.

The Committee was advised Applicant also holds a licence with Trafford and when stopped illegally plying for hire in Liverpool he was driving a Trafford licence.

 

Applicant, via his legal representative explained it was evidence he had picked up passengers 0240 in the morning in Liverpool, Hanover Street and taken to destination requested. The Applicant has a number of friends licensed by Liverpool. One of his friends rang him asking him to come and assist him as he had broken down and need his help. This friend, like the Applicant are from Oldham. The intention was to take him back. Applicant went to destination, Hanover Street, one of the main thoroughfares to Liverpool City Centre. He was waiting for his friend, had been there for about an hour and as his back was hurting got out of the vehicle to have a smoke. At the time, his windows had been closed. He got back into his vehicle, didn’t lock the doors and opened the windows for fresh air. A male and female then came to the car, they were aggressive and threw money into the vehicle telling him to take them to the destination.

He didn’t tell them to get out due to fear as a result of an incident that had happened some nine days previously when he had been attacked and robbed by a passenger and sustained stab wounds to his left shoulder, (documentation by way of photographs and hospital correspondence was provided). The Applicant had felt scared and felt intimidated and believed it was in his interests to do as he was told. He did not go to Liverpool with any intention of illegally plying for hire.

 

He had attended at Liverpool Magistrates’ Court, pleaded guilty and also presented a ‘Special Reasons’ argument as to why the offence took place. This had not been successful.

He had notified and remained in contact with Local Authority and therefore had not shirked his responsibilities but faced them head on.

 

In terms of the additional allegations Applicant was not aware of the 26.6.18 allegations and in respect of those on the 28.12.18  ...  view the full minutes text for item 41.

42.

Application for a Review of a Hackney Carriage Driver Licence (NR)

The report of the Head of Planning, Building Control and Licensing is attached.

 

Minutes:

Cllr Lynch was replaced on the Committee by Councillor Grimshaw following a declaration of interest and the matter was deferred until 2.30 for Cllr Grimshaw to attend.

 

The Committee heard the Applicant was currently a Hackney Carriage licenced driver. His renewal application had been submitted but he had answered ‘No’ to all questions re previous convictions.

 

A DBS check showed the following convictions: -

 

2.6.15: a conviction for common assault;

15.8.17:           Conviction for MS90 – Failing to provide driver information

 

The renewal application was dated 7.3.16 and therefore these matters fell within policy guidelines hence the appearance before the Committee.

 

The Applicant was not legally represented. He explained he was wrong not to report the conviction for Common Assault but had been scared when he had seen the term, “battery” and fearful of losing his licence. It was all he had known for forty years i.e. being a taxi driver.

 

He explained the allegation of assault had never happened. It was a false allegation. He accepted he had been present at the scene and had, had an exchange with the other driver. The Applicant had been in a van at the time, had seen a fellow taxi driver blocking the road as his vehicle appeared to have been in an accident and went to help him. He stated the other driver had become aggressive and come at him with jump leads. He had put his hands up to protect himself but no blows were struck. The police were not called to the scene but they had come and arrested him two weeks later. He gave a full account to them.

 

In relation to the MS90 offence, he explained he had no knowledge of it. He had worked a tracker cab. The owner got notification of a speeding but hadn’t notified him. He had left the track due to poor maintenance of the vehicle. The Operator was very bitter about it and the only time he was aware of the points and conviction was when he received a letter from the bailiff for £1,000. Had he received any notification he would have paid the fine and taken the three points instead of six. He also stated as it was 45 mph in a 40 mph limit, he would probably have been offered a speed awareness course and he would have done that.

 

Regardless of the explanation given by the Applicant, the Committee could not go behind the

conviction. They did however note the Applicant had been a taxi driver for forty years without

complaint. He had explained his actions to the Committee and apologised. The Committee was of the opinion the assault conviction was an isolated incident and the account provided regarding the MS90 conviction was significantly mitigated. The Applicant had been suspended for four weeks and they therefore believed there had already been a punitive element, there were grounds to depart  from the policy and grant the Application with a Warning to be recorded.

 

Decision

 

To grant the renewal with  ...  view the full minutes text for item 42.

43.

Application for a Review of a Private Hire Driver Licence (MAA)

The report of the Head of Planning, Building Control and Licensing is attached.

 

Minutes:

The hearing was initially delayed due to a requirement for a Bangali interpreter.

Also in attendance was the Manager of restaurant, Ferdousi Hoque), where the Applicant had been working.

 

The Applicant appeared today as on 29.3.18 the Applicant’s Private Hire Driver’s Licence had been suspended with immediate effect following and allegations of two sexual assaults on his daughter, (a child under 16). He had then been referred to the Committee on the 15th of May 2018 and a decision was made to continue suspension pending outcome of investigation.

 

The investigation was now concluded and no action had been taken against the Applicant and a letter from his acting solicitor was provided as confirmation of this. In addition, there was no evidence that it had been referred to the Crown prosecution Service for charging advice. In circumstances, appropriate to be referred back to Committee.

 

A written account was provided by the Applicant which his employer confirmed he had written on behalf of the Applicant in English and as instructed by the Applicant. He confirmed he had worked with him for a year, had discussed matters with him and been confided in. he described the Applicant as a very shy person who discussed very little and who had been very affected by what had happened. He wants to be taxi driver to enable to provide for family.

 

It was confirmed the Applicant had separated from his wife and following financial problems, he and his wife had fought, he had also fallen out with his wife’s brother and his wife had instigated the complaint. When he been brought before the Committee the previous year, his wife had phoned the police again and tried to escalate matters further. The Applicant denied matters in their entirety.

 

The Committee whilst concerned that such allegations had been made, accepted the police had conducted an investigation and a decision had been made that no further criminal action was to be taken.

 

He was therefore in the same position he had been in prior to the allegation and therefore the suspension was lifted and his licence restored.

 

Decision

 

To take no further action.