Agenda item

To consider a report of the Assistant Director Environmental Enforcement.

The Assistant Director of Environmental Enforcement submitted a report requesting that the Panel determine whether the licence holder remained a fit and proper person to hold the relevant licence in accordance with the provisions of Section 61 of the Local Government (Miscellaneous Provisions) Act 1976.

The Panel considered the written information submitted and heard the Regulatory Compliance Officer’s case.  The Officer advised the Panel that the driver had been with the authority since December 2016.  On 24 October 2017 they attended the Council Offices to declare a conviction.  The driver advised that they had been convicted for plying for hire and using a motor vehicle without insurance in August 2017 at Manchester Magistrates Court from an incident that had occurred in June 2016.

A Licensing Officer from Manchester City Council had provided a written statement outlining the sequence of events from the night, which was summarised by the Regulatory Compliance Officer.    The driver had pleaded not guilty but had been found guilty of plying for hire and using a motor vehicle without insurance and ordered to pay fines, victim surcharge and costs.  They had been a driver with Rossendale Borough Council at the time, who had revoked their licence following the incident.

The Panel were aware that under Section 2 of the Private Hire Driver’s Conditions, drivers must within 7 days disclose to the Council details of any convictions, cautions or any other orders imposed on them during the period of their licence.  The driver had not complied with this condition.

Having heard the Regulatory Compliance Officer’s case the driver and the Panel were provided with the opportunity to ask questions.

The driver then addressed the Panel and thanked them for hearing their case.  The driver advised that they had been working for Uber at the time of the offence and had been in the vicinity of the Etihad Stadium waiting for a job.  They disagreed with the observations of the Licensing Officer from Manchester City Council and provided a detailed explanation of the events from that evening. 

The driver said that it had been a genuine mistake which they had learnt from and if they lost their licence it would have a major impact on them and their family.  They said that they were unaware that they had to disclose to the Council any convictions, cautions or any other order imposed on them within 7 days.

Following the driver’s case Panel Members and the Regulatory Services Manager were provided with the opportunity to ask questions. 

At this juncture the applicant, their brother, the Licensing Manager and the Regulatory Support Officer left the meeting whilst the Panel deliberated on the review.  The Solicitor to the Panel and the Senior Democratic Services Officer remained in the meeting to give legal and procedural advice and took no part in the decision making process.

The Panel considered all the information presented at the hearing and with reference to the relevant section of the Local Authority’s Convictions Policy resolved that the Private Hire Driver’s Licence be revoked.

RESOLVED:

That the Private Hire Driver’s Licence 6/2017 be revoked.