Agenda item

Agenda item

Application for a New Private Hire Driver Licence - SS

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

Minutes:

The Hearing Panel considered the report from the Head of Planning, Building Control and Licensing regarding the above application. The written papers and oral representations of the parties who attended were also considered, as well as the relevant guidance. The matter was considered in line with the established procedure for taxi licensing hearings.

 

The Licensing Unit officer addressed the panel, stating that this was a new application received in August 2023. SS held Licences with two other Authority’s. Due to a police investigation regarding a serious sexual offence, one of those licences had been revoked but after that investigation brought no further action, SS had their licence restored.

 

SS addressed the panel, noting that they had previously applied for a licence at Manchester City Council in 2019 and that application was refused. They noted that no further action was being taken by the police and this had been the only issue that had happened in terms of allegations. SS was now utilising their other licences.

 

The Licensing Unit officer and panel sought clarity from SS on the events that led to the police investigation, along with historical alleged incidents. In SS’ answers, the panel raised concerns regarding inconsistencies with their account and a concern that there appeared to be an issue relating to ply for hire.

 

In summing up, the Licensing Unit officer referred the panel to the information contained within the report.

 

SS summed up by stating that the police had taken no further action in their investigation.

 

In their deliberations, the Hearing Panel took into consideration the Statement of Policy and Guidelines as well as the relevant statutory guidance. The panel took particular note of the following from the relevant statutory guidance:

 

5.4 Fit and proper test:

“Licensing authorities have a duty to ensure that any person to whom they grant a taxi or private hire vehicle driver’s licence is a fit and proper person to be a licensee. It may be helpful when considering whether an applicant or licensee is fit and proper to pose oneself the following question:

Without any prejudice, and based on the information before you, would you allow a person for whom you care, regardless of their condition, to travel alone in a vehicle driven by this person at any time of day or night?

If, on the balance of probabilities, the answer to the question is no, the individual should not hold a licence. Licensing authorities have to make difficult decisions but (subject to the General principles) the safeguarding of the public is paramount. All decisions on the suitability of an applicant or licensee should be made on the balance of probability. This means that an applicant or licensee should not be given the benefit of doubt. If the committee or delegated officer is only 50/50 as to whether the applicant or licensee is fit and proper, they should not hold a licence. The threshold used here is lower than for a criminal conviction (that being beyond reasonable doubt) and can take into consideration conduct that has not resulted in a criminal conviction.”

The panel were satisfied that SS had previously plied for hire, an offence they took extremely seriously. The panel believed that the evidence provided by SS was inconsistent with the evidence provided in the report. Given the serious nature of the sexual offence allegations and inconsistencies in SS’ version of events, the panel were satisfied that SS was not a fit and proper person to hold a Private Hire Driver Licence.

 

Decision

 

To refuse the application for a new Private Hire Driver Licence.

 

Supporting documents: