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.

A recommendation was made that the public be excluded during consideration of the following 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.

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

The Hearing Panel considered the report from the Head of Planning, Building Control and Licensing regarding the above application. The Licence Holder attended the hearing unrepresented and was assisted by an interpreter that was provided by the Council. In addition to the written information that was circulated to all parties, oral representations at the hearing were also considered, as well as the relevant guidance. The hearing was conducted in line with the established procedure for taxi licensing hearings.

The Licence Holder appeared before the Sub-Committee for a further review of his Private Hire Licence (PHL).  The licence had been suspended with immediate effect on 11 April 2023 following information from West Yorkshire Police (WYP) that the Licence Holder’s DNA had been linked to an investigation into the rape of a 13yr old girl in Bradford in 2008. This was discovered in the course of a separate investigation by GMP in relation to an allegation of modern slavery, human trafficking and rape which remains ongoing. At a hearing on 15 May 2023, the Sub-Committee continued the suspension until the conclusion of the police investigations.

On 25 July 2024, the Licence Holder contacted the Licensing Unit to advise that West Yorkshire Police were taking no further action in regard to their investigation of the historical rape allegation.

The Licence Holder explained to the Panel that the modern slavery investigation involved a house that he rents out to his nephew and that he was not involved. He also said that that investigation had now concluded but provided no evidence in support of this. The Principal Licensing Officer said that their most recent update from GMP was that investigations remained on-going.

The Sub-Committee was also provided with a summary of the Licence Holder’s PACE interview in relation to the historic rape allegation. Within that document, the committee noted that it was not in any doubt that the Licence Holder had had sex with the victim in 2008 but it was denied by Licence Holder that he knew she was only 13 years old.

The Sub-Committee was mindful that each case must be decided independently on the facts and information put before it.

In reaching its decision, the Sub-Committee took into consideration the Council’s Statement of Policy and Guidelines and statutory Taxi and Private Hire Vehicle Standards.

When carefully considering whether to revoke the ANS’s licence, the Sub-Committee had due regard to the provisions of Section 61(1) (b) of the Local Government (Miscellaneous Provisions) Act 1976 which provides that a licencing authority may suspend or revoke or refuse to renew the licence of a driver of a hackney carriage or private hire vehicle if it is satisfied if there is a reasonable cause to justify the revocation. This section provides wide discretion for revocation of a license. In the view of the Sub-Committee, there is justifiable cause to revoke the ANS’s license on the basis of the information before it, namely that.

• The applicant is still under investigation for allegations of modern slavery/human trafficking.
• Although  ...  view the full minutes text for item 87.

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

The Principal Licensing Officer informed the Sub-Committee that the Applicant had contacted the Licensing Unit to advise that he had a hospital appointment and was therefore unable to attend the hearing.

The Sub-Committee agreed defer the hearing to the next scheduled sub-committee hearing date (23 September 2024)

Decision

To defer MI’s hearing to 23 September 2024.

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

The Principal Licensing Officer informed the Sub-Committee that the Applicant had contacted the Licensing Unit to advise that he was unable to attend the hearing due to family circumstances.

The Sub-Committee agreed defer the hearing to the next scheduled sub-committee hearing date (23 September 2024)

Decision

To defer WH’s hearing to 23 September 2024.

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

The Sub-Committee considered the report from the Head of Planning, Building Control and Licensing regarding the above application. In addition to the written information that was circulated to all parties, oral representations at the hearing were also considered, in conjunction with the relevant guidance. The matter was considered in line with the established procedure for taxi licensing hearings.

The Sub-Committee heard that the Licence Holder had contacted the licencing Unit on 18 July 2023 to inform them he had received 6 penalty points for not giving details of a driver when requested - a major traffic offence in the context of the Statement of Policy and Guidelines.

The Licence Holder gave an outline of the offence which he said related to an allegation of speeding in a private vehicle adding that he did not receive any correspondence from the court regarding the first hearing date. The first the Licence Holder knew of the conviction and penalty imposed on him was when he had applied to be enrolled on a driving instructor course which was refused due to the conviction. It was at this point; he notified the Licensing Unit. The Licence Holder further outlined that he had originally intended to apply to the court to have the conviction overturned but that ultimately, he could not afford the legal representation and required and therefore let the conviction stand.

The Sub-Committee took into consideration the Statutory Taxi and Private Hire Vehicle Standards, in particular the Annex – Assessment of Previous Convictions (Motoring Convictions):

“it is accepted that offences can be committed unintentionally, and a single occurrence of a minor traffic offence would not prohibit the granting of a licence” and “a single occurrence of a minor road traffic offence may not necessitate revocation of a taxi or private hire licence providing the driver remains a fit and proper person”.

Although the above referred to minor road traffic offences, the Sub-Committee noted the Licence Holder did not have any criminal convictions and had had no further traffic convictions outside of this set of facts prior to and since the date of the incident.

The Sub-Committee, in having due regard to all of the information, decided to issue the Licence Holder with a warning as to future conduct.

Decision

To attach a warning to WA’s licence as to future conduct.

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

The Principal Licensing Officer informed the Sub-Committee that the Applicant had contacted the Licensing Unit to advise that he was unable to attend the hearing as his Legal Representative was not available on the day.

The Sub-Committee agreed defer the hearing to the next scheduled sub-committee hearing date (23 September 2024)

Decision

To defer TBB’s hearing to the next suitable date.

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

The Principal Licensing Officer informed the Sub-Committee that the Applicant had contacted the Licensing Unit to advise that he was unable to attend the hearing because of a pre-arranged family holiday.

The Sub-Committee agreed defer the hearing to the next scheduled sub-committee hearing date (23 September 2024)

Decision

To defer QS’s hearing to the next scheduled hearing date (23 September 2024).

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

The Sub-Committee considered the report from the Head of Planning, Building Control and Licensing regarding the above application. The Applicant attended the hearing unrepresented. In addition to the written information that was circulated to all parties, the oral representations at the hearing were also considered. The matter was considered in line with the established procedure for taxi licensing hearings.

The Sub-Committee heard that the Applicant had applied for Private Hire Driver’s Licence and had disclosed various offences on his declaration. However, the DVLA summary for the Applicant showed that further relevant offences, namely two six-month periods of disqualification for ‘totting up’ in October 2020 and May 2021. The Sub-Committee also noted the Applicant’s previous convictions for importation of drugs, drug possession and violent disorder although noted that all these were committed substantially outside the guidance period.

The Sub-Committee further heard that the Applicant held a licence with Bradford City Council in the late 1990s and was recently refused a new licence by Wolverhampton City Council on the basis that he was not a ‘fit and proper person’. The Applicant informed the Sub-Committee that the periods of disqualification related to not providing driver information when requested and that this was because at the time he was involved in buying and selling vehicles which he would often sell on without the logbook. This resulted in him being assumed to be the registered keeper of the vehicle at the time of any offences due to him having not arranged for amended registered keeper details. The Applicant confirmed his main job at the moment is in construction and he only occasionally buys and sells vehicles.

The Sub-Committee was mindful that each case is to be considered on its own merits. They paid regard to the Local Authority’s Statement of Policy and Guidelines and noted that the only offences within the guidelines were four major traffic offences. Considering all of the information, the Sub-Committee accepted the Applicant’s account of the offences which fell within the guidelines and also accepted that the Applicant had been up front and honest at the hearing and had shown insight into the circumstances of the offences.

The Sub-Committee then carefully considered the ‘Fit and Proper’ test inMcCool v Rushcliffe Borough Council 1998

‘The objectives of the licensing regime were to ensure so far as possible that those licensed to drive vehicles are suitable persons to do so, namely that they are safe drivers with good driving records and adequate experience, sober, mentally and physically fit, honest and not persons who would take advantage of their employment to abuse or assault passengers’. (emphasis added)

After careful consideration the Sub-Committee resolved that the Applicant is a fit and proper person to hold a licence but decided to grant the licence with a warning as to further conduct.

Decision

To grant the application with a warning as to future conduct

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

The Sub-Committee considered the report from the Head of Planning, Building Control and Licensing regarding the above application. The Applicant attended the hearing unrepresented. In addition to the written information that was circulated to all parties, the oral representations at the hearing were also considered. The matter was considered in line with the established procedure for taxi licensing hearings.

The Applicant applied for a new Private Hire Driver Licence on 4 February 2024 and advised within that application that he had previously received a conviction for illegally plying for hire plus the associated offence of ‘no insurance’ (IN10) whereby the Applicant received 8 penalty points plus a financial penalty. The offence date was 21^st January 2023 and was a part of Manchester City Council’s “Operation Aztec”.

The Sub-Committee heard that the Applicant was approached by Special Constables and had agreed to accept an immediate hiring. A pre-determined destination was given, a fare agreed, at which point they got into the vehicle and undertook a journey. During the journey the vehicle was intercepted by a Police Motorcycle Officer and taken to a pre-agreed check site. The Applicant was subsequently summonsed for offences of ply for hire and the associated no insurance. The Applicant was found guilty in his absence at Wigan Magistrates court on 02 November 2023.

Following this conviction, Oldham Council with which he had held a Private Hire Drivers Licence since December 2019, ad revoked his licence following this conviction on the grounds that he was no longer a ‘fit and proper person’.

The Applicant told the Sub-Committee that he fully accepted the conviction and knew that he should not accepted passengers without a booking. He went on to say that he understood how serious the matter could have been had he accepted passengers without a booking and been involved in an accident but did state that felt that Oldham Council’s decision to revoke his license to be ‘harsh’.

The Applicant provided the Sub-Committee with two-character references, one from a local councillor and another from the head teacher at a local high school who spoke highly of the Applicant’s character.

The Sub-Committee was mindful that each case is to be considered on its own merits and took into consideration the Local Authority’s Statement of Policy and Guidelines. They noted that the offence of ‘no insurance’ fell within the Major Traffic Offence category. They also noted in the statement of Policy and Guidelines (One Conviction) that:

 “An application will normally be refused where an applicant has a conviction for a Major Traffic Offence where the conviction is less than 2 years prior to the date of the application”.

The Sub-Committee noted however in the Statutory Taxi and Private Hire Vehicle Standards, in particular the Annex – Assessment of Previous Convictions (Motoring Convictions):

 “it is accepted that offences can be committed unintentionally, and a single occurrence of a minor traffic offence would not prohibit the granting of a licence” and “a single occurrence of a minor road  ...  view the full minutes text for item 94.

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

The Principal Licensing Officer informed the Sub-Committee that the Applicant had not arrived for his scheduled hearing and had provided no reason for his absence to the Licensing Unit.

The Sub-Committee noted that this was the second occasion on which the Applicant had failed to attend a scheduled hearing. After careful consideration the Sub-Committee agreed defer the hearing to the next scheduled sub-committee hearing date (23 September 2024) and resolved that should the applicant fail to attend or provide good reason for not attending that hearing, the Panel will be invited to hear the matter without the Applicant there.

Decision

To defer RA’s hearing to the next scheduled hearing date (23 September 2024).