Agenda item

The Chair invited Elaine Moreton, Section Leader (Licensing), the Applicant (NA) and his legal representative (Amber Morrell, Waldrons Solicitors) into the Hearing, made 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 in accordance with Guidelines Relating to Relevance of Convictions and Breaches of Licence Conditions, specifically paragraph 5.1.9.

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

Miss Morrell confirmed that the information contained within the report was accurate.

Miss Morrell said that NA’s conviction for persistently soliciting a women for prostitution from a motor vehicle or causing annoyance/nuisance to others was a one-off, isolated incident.  Although he was in his taxi, he was off-duty.  The prostitute was in his vehicle for less than thirty seconds and no sexual act had taken place before the Police approached the vehicle, who must have been watching in an unmarked car.  NA accepted all guilt and paid the fine without the need for final demands.  He immediately told Dudley Council of the offence without them having to chase him but they revoked his Licence.

NA still undertook airport runs and was the sole provider for his three children.  The conviction in question was his only one.

References from his wife and his employer were circulated to the Sub-Committee.

Miss Morrell asked NA to explain the incident.  He said that he had finished his shift, he saw the lady, made a mistake and got arrested.  He then informed the local authority and was found guilty of the offence.  He had learned a very hard lesson and had not picked up a prostitute since.

All parties were invited to question the Applicant on his submission.

In response to questions from the Sub-Committee, NA stated the following:

·     NA had held both a PHVD Licence and a Hackney Carriage Licence.  The incident took place in a private hire vehicle following the end of his shift;

·     NA was not plying for trade when he stopped to pick up the female.  He was trying to take a shortcut on his way from Dudley or Stourbridge to collect friends from Wolverhampton Train Station but he must have took a wrong turn.  He was not aware of why the female was there or that she was a prostitute.  He did not know the area or that it was a red light district as he worked in Dudley and was just passing through.  He had never been there before nor after.  Following prompting from his solicitor, NA stated that he knew that the lady was a prostitute and that he stopped the car to solicit her services;

·     He pleaded guilty as the Police informed him that he had picked up a prostitute, therefore he had done wrong.  He could understand the Sub-Committee’s concern about being charged with persistently soliciting but it would never happen again.  A very hard lesson had been learned and he felt shame;

·     NA still lived in Dudley but it was very small so he had applied to Wolverhampton to enhance his work opportunities.  He had not applied to any other local authorities;

·     Since his conviction NA had held a Public Service Vehicle Licence.  He owned his own vehicle and a number of companies would give him jobs that they couldn’t cover themselves, mainly airport runs.  He had also had work as a delivery driver;

·     NA could not attend an interview with Licensing Services on 2 November 2016 regarding his PHVD application as he was visiting his unwell father in Pakistan.  He contacted officers when he picked up the invite on his return;

·     The 2012 conviction for failure to comply with a traffic sign followed his failure to see a sign for roadworks whilst on a run to Heathrow Airport

In response to questions from Jacky Bramley, Senior Solicitor, NA and Miss Morrell stated the following:

·     The incident for which NA was convicted was a one-off;

·     NA reported the incident to Dudley Council following his conviction;

·     Dudley Council revoked both of his badges and NA appealed the decisions.

In response to questions from the Section Leader (Licensing), NA stated the following:

·     Stopping for a prostitute had not been good conduct.  He had never do so before or since and was now struggling in life, which was why he applied for a PHVD Licence;

·     PSV driving was his main source of income but expenses were high.  It cost more than PHVD work and the jobs were fewer;

·     He had been married since 1997.

Miss Morrell, on behalf of NA, made a closing statement.  AN’s conviction for soliciting was over ten years ago, was now spent and he had been working under a PSV Licence with no further convictions.  The offence was low level but was the concern was understood due to the nature of the job and the varying nature of clientele.  The Sub-Committee would have to consider his character and I would suggest that he comes across as quite genuine, conceding that he did know what he was doing and pleading guilty to the offence.  Please bear in mind that he has been driving since his conviction, picking up less cost-effective PSV work.  It was unfortunate that he missed the 2 November 2016 meeting.  Obviously the starting point for the Sub-Committee should be that anyone guilty of a sexual offence should not be granted a Licence but I hope that you can balance the lack of further offences and the time since the offence against the risks.

NA, Miss Morrell and the Section Leader (Licensing) left the room to allow the Sub-Committee to determine the matter.

The Chair invited AR, Mr Currie and the Section Leader (Licensing) back into the Hearing.

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

Resolved

          That, having considered all of the information presented to the meeting, the Licensing Sub-Committee was not satisfied that the Applicant was a fit and proper person to hold a Private Hire Driver’s Licence and accordingly the application was refused.

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.

The Senior Solicitor detailed the appeals process as well as the costs and potential costs to the Applicant.

AR, Mr Currie and the Section Leader (Licensing) left the room.