To consider the application
Minutes:
Miss K was present at the meeting, accompanied by her sister-in-law Mrs H.
The Chair made introductions and outlined the procedure to be followed during the meeting. The Section Leader (Licensing) outlined the report which had been circulated to all parties in advance. She advised that the Sub-Committee were required to consider whether Miss K was a fit and proper person to hold a Private Hire Vehicle Operator’s Licence. She further advised, that since completion of the report, the current business had ceased to exist and that Mr Hussain had indicated that he would withdraw his appeal against revocation if today’s application was approved. The appeal had, however, been dismissed in the Wolverhampton Crown Court on 25 July 2014.
Responding to the concerns of the Licensing Authority regarding her knowledge gap, Miss K advised that she was willing to read up on all the necessary legislation, but had knowledge of how to operate the business. Miss H had worked until recently for Wolverhampton City Council for a period of 11 years and would be responsible for the administrative work involved.
Responding to questions, Miss K stated that she anticipated having 30 drivers by the end of the year, adding that the business would operate under the name ‘Delta’ with a new telephone number. She produced, for the Sub-Committee’s information, her degree qualification certificates, and indicated that she wished to undertake a change of career having previously been a prison teacher. She advised that she intended to invest heavily in technology and that the previous proprietors would not be involved as they were employed elsewhere. The lease for the premises was now in her name. Miss K indicated that she would be there full-time but would employ a manager for the day to day running of the base and her sister-in-law would carry out the administrative tasks. She added that she wished to employ more women in the trade, particularly from the ethnic minority groups. She also wished to work alongside the Job Centre to assist in reducing unemployment in the City.
The Chief Legal Officer advised that the Sub-Committee had to satisfy themselves whether Miss K was a fit and proper person to hold a Licence. Miss K and Mrs Hussain withdrew from the meeting, together with the Section Leader (Licensing) to enable the Sub-Committee to determine the application.
The parties returned to the meeting and the Chair advised the parties of the decision to refuse the application, which would be supplied to the applicant in writing as follows:
Section 55 of the Local Government (Miscellaneous Provisions) Act 1976 provides that the Council shall not grant a licence unless they are satisfied that the applicant is a fit and proper person to hold an operator’s licence. This matter was referred to the Sub-Committee in accordance with the Council’s guidelines relating to the relevance of convictions and breaches of licence conditions approved by the Licensing Committee on 25 July 2012.
Resolved:
That, having considered all the evidence before them, both written and
oral, the Sub-Committee conclude that Miss K currently has a lack of knowledge and understanding in regard to the running of a business and of the taxi trade and therefore refuse to grant a Private Hire Vehicle Operator’s Licence.
The applicant has a right of appeal to the Magistrates’ Court within 21 days of written receipt of this decision.