Agenda and minutes

There were no apologies for absence.

There were no declarations of interest.

To pass the following resolution:

That in accordance with section 100A (4) of the Local Government Act 1972 the press and public be excluded from the meeting for the following item of business as it involves the likely disclosure of exempt information falling within paragraph 3 of schedule 12A to the act relating to the business affairs of particular persons.

Resolved:

That, in accordance with section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following items of business as they involve the likely disclosure of exempt information falling within paragraph 1 of Schedule 12A to the Act relating to any individual.

The Chair invited Elaine Moreton, Section Leader, Licensing, Greg Bickerdike, Section Leader, Licensing (observing) and the Applicant (KH) into the Hearing. KH was accompanied by his Solicitor, Mr Upkar Bahia, and son, Abid Hussain. The Chair led round-table introductions and outlined the procedure to be followed.

Elaine Moreton, Section Leader, Licensing, outlined the report regarding an application for a Private Hire Vehicle Operator’s Licence, which had been circulated to all parties in advance of the meeting. The matter had been referred to the Sub-Committee by an authorised employee of the council for further consideration to be given as to whether KH was a fit and proper person to hold a Private Hire Vehicle Operator’s Licence due to the information outlined in the report.

Mr Upkar Bahia, Applicant’s Solicitor, clarified that his client’s current Private Hire Vehicle Operator’s Licence in Rotherham had been extended to 26 March 2019 and confirmed that all other information contained within the report was accurate.

All parties were invited to question the Section Leader, Licensing, on the report. No questions were asked.

The Chair invited KH to make representations.

Mr Bahia made representations on behalf of his client. He stated that KH spoke adequate English; had lived in the country for 30-40 years; had been a taxi driver for over 25 years; currently held a Private Hire Vehicle Operator’s licence in Rotherham and had previously managed an off-licence.

All parties were invited to question KH and Mr Bahia on the submission and the following concerns were raised:

• The applicant’s ability to communicate in English;
• Who the business would be controlled by;
• What address the business would operate from in Wolverhampton;
• The preferred premises location had not been visited by applicant;
• There were errors on the application form;
• The lack of a business plan should the licence by granted;
• How the satellite office in Wolverhampton would be manned or how often the site would be visited by the applicant.

In response to questions from the Sub-Committee, the Senior Solicitor and the Section Leader, KH and Mr Bahia stated the following:

• KH wanted a Private Hire Vehicle Operator’s licence in Wolverhampton as he had been approached by Wolverhampton drivers seeking work;
• He had held a Private Hire Vehicle Operator’s licence for 8 years in Rotherham;
• He would manage the business and his sons would help;
• The business would operate from a premises in York Street which he hadn’t yet visited;
• 3-4 sites had been considered and KH would make a final decision should the licence be granted;
• He was not aware of any errors on the form;
• All Wolverhampton paperwork would be kept at the Wolverhampton office and KH would visit there 2-3 times a week.

The Chair invited KH to make a final statement. Mr Bahia did so on his client’s behalf.

KH, Mr Bahia, Abid Hussain, Elaine Moreton and Greg Bickerdike, left the room to allow the Sub-Committee to determine the matter.

The Chair invited all parties to return.

The Chair detailed the decision of the  ...  view the full minutes text for item 4.

The Chair invited Elaine Moreton, Section Leader, Licensing, Greg Bickerdike, Section Leader, Licensing (observing) and the Applicant (AH) into the Hearing. The Chair led round-table introductions and outlined the procedure to be followed.

Elaine Moreton, Section Leader, Licensing, outlined the report regarding an application for a Private Hire Vehicle Driver Licence, which had been circulated to all parties in advance of the meeting. The matter had been referred to the Sub-Committee by an authorised employee of the council for further consideration to be given as to whether AH was a fit and proper person to hold a Private Hire Vehicle Driver’s Licence due to the information outlined in the report. AH confirmed that the information contained within the report was accurate however stated he had not received a copy. The Democratic Services Officer confirmed the paperwork had been sent to him and provided him with a further copy of the report.

All parties were invited to question the Section Leader, Licensing, on the report. No questions were asked.

The Chair invited AH to make representations.

AH stated that he had applied for a Private Hire Vehicle Driver’s Licence to enable him to work for his father. He stated he had grown up and matured since committing his offences and had previously held a Private Hire Vehicle Operator’s Licence in Sheffield and Rotherham.

All parties were invited to question AH on his submission.

In response to questions from the Sub-Committee, the Senior Solicitor and the Section Leader, AH detailed the situations that lead to his convictions, and elaborated further on his personal circumstances. He stated that he no longer wanted the hassle of being an Operator and had let his Operator’s Licence in Rotherham expire. He stated he was a changed person and did not have an attitude problem.

Whilst answering questions, AH got agitated and frustrated with the panel, claiming it was a waste of time as his father’s application had already been refused.

The Chair calmed him down and continued with the proceedings.

AH claimed that the reports submitted by Rotherham Council made him look bad and he wasn’t to blame for the incidents mentioned.

The Chair invited AH to make a final statement. AH acknowledged that he had made mistakes and had learned from them. He said he was no longer argumentative and had matured; had never had issues as a Private Hire Vehicle Driver in Rotherham and was applying for a licence to help his father.

AH, Elaine Moreton and Greg Bickerdike, left the room to allow the Sub-Committee to determine the matter.

The Chair invited all parties to return.

The Chair detailed the decision of the Sub-Committee which was read out in full by the Senior Solicitor. 

Resolved:     

That having considered all the evidence both written and oral, provided at the hearing, the Sub-Committee is not satisfied that AH is a fit and proper person and therefore, in accordance with Section 51 of the Local Government (Miscellaneous Provisions) Act 1976, a Private Hire Vehicle Driver’s Licence  ...  view the full minutes text for item 5.

The Chair invited Elaine Moreton, Section Leader, Licensing, Greg Bickerdike, Section Leader, Licensing (observing) and the Applicant (SSM) into the Hearing. SSM was accompanied by her Solicitor, Mr Upkar Bahia. The Chair led round-table introductions and outlined the procedure to be followed.

Elaine Moreton, Section Leader, Licensing, outlined the report regarding an application for a Private Hire Vehicle Operator’s Licence, which had been circulated to all parties in advance of the meeting. The matter had been referred to the Sub-Committee by an authorised employee of the council for further consideration to be given as to whether SSM was a fit and proper person to hold a Private Hire Vehicle Operator’s Licence due to the information outlined in the report.

Mr Upkar Bahia, applicant’s Solicitor, sought clarification on the reason why the application had been referred to Sub-Committee. The Section Leader and Senior Solicitor confirmed that the matter had been referred to the Sub-Committee for further consideration to be given as to whether SSM was a fit and proper person to hold a Private Hire Vehicle Operator’s Licence.

All other parties were invited to question the Section Leader, Licensing, on the report.  No questions were asked.

The Chair invited Mr Bahia to make representations on behalf of his client.

Mr Bahia did so. He stated that his client was a Business Graduate and had applied for the licence in isolation from any other family member as she wanted to manage her own business independently.

All parties were invited to question SSM and Mr Bahia on the submission and the following concerns were raised:

• SSM had no previous experience as an operator;

• Who the business would be controlled by;
• How and where the Wolverhampton records would be kept;
• How the satellite office in Wolverhampton would be manned;
• The proposed business structure did not show independence from family.

In response to questions from the Sub-Committee, the Senior Solicitor and the Section Leader, SSM and Mr Bahia stated the following:

• SSM already had knowledge and experience in this area;
• Her family had extensive knowledge and could assist her when required;
• Commuting to the Wolverhampton office would not be a problem;
• SSM would operate the business from her home in Rotherham;
• The husband of SSM would help financially;
• SSM bought the Private Hire Vehicle Operator’s business in Rotherham from her brother in law;
• Her father in law owned the property in Rotherham from where the business would be operated;
• The Wolverhampton office would not be manned and records would be kept on a computer data base;

The Chair invited SSM to make a final statement. Mr Bahia did so on his client’s behalf.

SSM, Mr Bahia, Elaine Moreton and Greg Bickerdike, left the room to allow the Sub-Committee to determine the matter.

The Chair invited all parties to return.

The Chair detailed the decision of the Sub-Committee which was read out in full by the Senior Solicitor. 

Resolved:     

That having considered all the evidence both written and oral, provided at the hearing, the Sub-Committee is  ...  view the full minutes text for item 6.

The Chair invited Elaine Moreton, Section Leader, Licensing, and the Applicant (JW) into the Hearing. The Chair led round-table introductions and outlined the procedure to be followed.

The Section Leader, Licensing, outlined the report regarding an application for a Private Hire Driver Licence, which had been circulated to all parties in advance of the meeting. The matter had been referred to the Sub-Committee by an authorised employee of the council for further consideration to be given as to whether JW was a fit and proper person to hold a Private Hire Vehicle Driver’s Licence due to the information outlined in the report. JW confirmed that the information contained within the report was accurate.

All parties were invited to question the Section Leader, Licensing, on the report. No questions were asked.

The Chair invited JW to make representations.

JW detailed the situations that had led to his convictions and explained that he had made personal progress since the offences were committed. He discussed his current personal circumstances and admitted he had been stupid.

JW requested that the Sub-Committee receive two character references from associates of his. The Sub-Committee agreed to the request (copies filed with these minutes).

All parties were invited to question JW on his submission.

In response to questions from the Sub-Committee and the Senior Solicitor, JW detailed the situations that lead to his convictions and elaborated further on his personal circumstances.

The Chair invited JW to make a final statement. 

JW had nothing further to add.

JW and the Section Leader left the room to allow the Sub-Committee to determine the matter.

The Chair invited all parties to return.

The Chair detailed the decision of the Sub-Committee.

Resolved:

That, having considered all the evidence presented at the Hearing, both written and oral, the Sub-Committee resolved to grant JW a Private Hire Vehicle Driver’s Licence for a period of 12 months, subject to JW passing the knowledge test, a satisfactory medical, and producing documentation of his immigration status/ right to work in the UK.

The Chair invited Elaine Moreton, Section Leader, Licensing, and the Applicant (MZ) into the Hearing. MZ was accompanied by his daughter Sadia Zahid. The Chair led round-table introductions and outlined the procedure to be followed.

The Section Leader, Licensing, outlined the report regarding an application for a Private Hire Driver Licence, which had been circulated to all parties in advance of the meeting. The matter had been referred to the Sub-Committee by an authorised employee of the council for further consideration to be given as to whether MZ was a fit and proper person to hold a Private Hire Vehicle Driver’s Licence due to the information outlined in the report. MZ confirmed that the information contained within the report was accurate.

All parties were invited to question the Section Leader, Licensing, on the report and the Section Leader answered accordingly.

The Chair invited MZ to make representations.

MZ requested that the Sub-Committee receive character references from associates of his. The Sub-Committee agreed to the request (copies filed with these minutes).

MZ detailed the situations that had led to his convictions and acknowledged he had been naïve. 

All parties were invited to question MZ on his submission.

No questions were asked but the Section Leader clarified the applicant’s conviction for dishonesty and explained why he would not be cleared of the offence until 2023.

The Chair invited MZ to make a final statement.  

MZ acknowledged that he had been naïve and had learnt his lesson. He enjoyed being a private hire vehicle driver and had worked in the occupation for 22 years. He was currently supporting his 3 children at university and needed work.

MZ and the Section Leader left the room to allow the Sub-Committee to determine the matter.

The Chair invited all parties to return.

The Chair detailed the decision of the Sub-Committee.

Resolved:

That, having considered all the evidence presented at the Hearing, both written and oral, the Sub-Committee resolved to grant MZ a Private Hire Vehicle Driver’s Licence for a period of 12 months, subject to MZ passing the knowledge test, a satisfactory medical, and producing documentation of his immigration status/ right to work in the UK.