Agenda item

To consider a report of the Assistant Director of Operations & Neighbourhoods.

The Assistant Director of Operations and Neighbourhoods submitted a report requesting that the Panel determine whether the applicant was a fit and proper person to hold the relevant licence in accordance with the provisions of Section 51(1)(a) of the Local Government (Miscellaneous Provisions) Act 1976.

The Panel considered the written information submitted and heard the Regulatory Services Manager’s case.  The Manager advised the Panel that the applicant had previously held a Private Hire Driver’s Licence with Tameside from August 2009 until 28 January 2016 when their licence was revoked with immediate effect in the interests of public safety.  The applicant’s licence had been revoked due to their arrest on suspicion of rape following an incident that had taken place in the early hours of New Year’s Day 2016.  The applicant was subsequently charged with an offence of rape and appeared at Crown Court in June 2017 and, following a 7 day trial, was found not guilty of the offence.

The application form included an enhanced DBS check, which included information from the Chief Officer of Police relating to the incident on New Year’s Day 2016.  A representative from Greater Manchester Police was in attendance at the meeting and provided the Panel with a summary of the events that led up to the applicant’s arrest and charge.

Having heard the Regulatory Services Manager’s case and heard from the Police the applicant and the Panel were provided with the opportunity to ask questions.

An associate of the applicant then addressed the Panel on their behalf.  They advised that the applicant had been under significant pressure for the past 18 months both financially and emotionally, and their arrest, charge and subsequent trial had had a big impact on their social and family life.  The applicant had a wife who did not work and four children who they had to support.

They outlined that prior to the incident the applicant had a clear record and had worked for a local private hire firm for a long time.  They reiterated that the applicant had been found not guilty of the offence and had tried to get their life back on track and return to normality and wanted to return to work.

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

At this juncture the applicant, their associate, the Police representative, the Regulatory Services Managerand the Regulatory Compliance Officer (Licensing) 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.  The Panel noted that the applicant had been acquitted of the offence of rape following trial.  However the Panel had concerns that the Police and the Crown Prosecution Service considered there to be sufficient evidence to charge the applicant with that offence.  In addition the Panel had concerns about the details of the complainant’s journey in the applicant’s vehicle, and in particular the fact that they turned their PDA set off for the duration of the journey and that they told the complainant that they would take them to Manchester.  In all the circumstances the Panel was not satisfied that the applicant was a fit and proper person to hold a licence and resolved that their application for a Private Hire Driver’s Licence be refused.

RESOLVED:

That the application for a Private Hire Driver’s Licence 7/2017 be refused.