Minutes:
The Chair invited the applicant (ZM) into the hearing, made introductions and outlined the procedure to be followed.
Elaine Moreton, Section Leader (Licensing), outlined report regarding application for a Private Hire Driver’s Licence, which had been circulated to all parties in advance of the meeting. The matter had been referred to the Sub Committee in accordance with Guidelines relating to Relevance of Convictions and Breaches of Licence Conditions specifically paragraph 5.1.7 (b).
All parties were invited to question the Section Leader (Licensing) on the report. No questions were asked.
The Chair invited ZM to make representations.
ZM stated that the conviction for supplying controlled drugs was now cleared from his record. The Convictions 21 and 22 on his criminal record were not repeat offences because they were dealt with on the same day by the Courts. He provided a letter from solicitors, John Delaney supporting this view.
With the agreement of the Chair, there was a brief adjournment whilst the letter was copied and circulated to the Sub Committee and officers within the hearing for them to read.
Following the adjournment, the Section Leader (Licensing) confirmed that paragraph 5.1.7 (b) of the guidelines related to intent to supply and multiple offences.
ZM continued to make his representations. He stated that he came from a good family group but because of peer pressure he started experimenting with drugs. This resulted in a spell of imprisonment. Whilst in prison he completed a lot of training. He left prison early on parole following which he carried out voluntary work. He was now married with four children, was drugs free and was a changed man. He understood why he was at the hearing. He provided a character reference from the chairperson of Deen Enterprises, a community forum based in Leeds which deals with a wide range of issues and where he undertook his drugs rehabilitation.
The Chair agreed to consider the character reference.
All parties were invited to question the applicant on his submission.
In response to questions ZM stated he was now a changed person to the one of several years ago and that everyone deserves a chance. People need help and once reformed they are better people. He accepted that previously he did have an anger problem but he had now a changed person. He would now walk away if he encountered problems with passengers. If he could not walk away he would deal with the situation. He also explained that for work he had previously been a mechanic and delivered pizza. Regarding the failed test at Leeds, the test required drivers to give directions for different journeys. He failed on some of the points. He also explained his reasons for planning to move to Birmingham; his reasons for applying for a licence with Wolverhampton; who he applied through; and the operators he was considering working for. He confirmed that he used to drink and he no longer takes drugs or ‘spliffs’ and he had been drugs free for seven years. He also elaborated on the reasons for the events after his prison sentence in 2001 and the conviction in 2010 relating to an argument with his wife.
The Chair invited ZM to make a final statement. He stated that he had said everything. He would be an ideal driver and the work would be something for him to fall back on with his training in mechanics. His criminal record and the pattern of incidents had stopped and he regretted what he had done. He was now a different person and wanted better for himself.
The Senior Solicitor referred to the Guidelines relating to Relevance of Convictions and Breaches of Licence Conditions in so far as it applied to the two convictions on 27 January 2001 for the same offence. In relation to the grounds for the officer recommendation to refuse the licence, the Senior Solicitor suggested that a better word than ‘repeated’ offences would be ‘multiple’ offences. There are two convictions for the offence of possessing/ supplying a controlled drug. Under the Council’s guidelines they came within the definition of ‘repeated’ offences.
ZM, the Section Leader (Licensing) and Jonathan Lloyd (Licensing Officer) left that the room to allow the Sub Committee to determine the matter.
The Chair invited ZM, the Section Leader (Licensing) and the Licensing Officer back into the hearing and detailed the decision of the Sub Committee.
Resolved:
That having considered all the evidence before them both written and oral, provided at the hearing. The Sub-Committee is not satisfied that ZM is a fit and proper person and therefore, in accordance with s51 of the Local Government (Miscellaneous Provisions) Act 1976, have decided not to grant ZM a Private Hire Vehicle Driver’s Licence. This decision is made in accordance with paragraph 5.1.7 (b) of the guidelines relating to relevance of convictions and breaches of licence conditions agreed by the Licence Committee on 26 April 2017.
The applicant has a right of appeal, against the decision of the Sub-Committee, to the Magistrates’ Court within 21 days of receipt of this decision. Should an appeal be unsuccessful, the Council would seek the costs incurred in defending the appeal.
ZM left the room.