Agenda item

The Chair invited Elaine Moreton, Section Leader (Licensing) and the Applicant (SA), who was accompanied by a friend (Mr Khan), 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 paragraphs 5.1.3(b) and 5.1.13(a).

All parties were invited to question the Section Leader (Licensing) on the report.  Following a question from the Chair, clarity was provided with regard to which offences committed by SA were clear.

SA confirmed that the information contained within the report was accurate.

SA said that his conviction for battery came about when he was working in a shop and got into a heated argument with a colleague before moving outside of the shop where they started to push each other.  The Police were there and SA got arrested and cautioned, to his mind because he was the larger of the two, whilst his colleague was not arrested.  SA said that at the time he had been young and stupid but he had kept out of trouble and kept straight ever since.  He was now a family guy, had children and just wanted a bit of money to look after his family.  He had made mistakes but wanted to better himself.

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

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

·     At the age of 28 he had not been grown up.  The 2010 argument had been petty, about working hours and his colleague being regularly late;

·     He did not have a short fuse.  Due to him being a belt lifter, people often judged him by his appearance;

·     The phrase ‘protection of the public’ meant everything, to watch out for everyone around you;

·     If he had awkward, drunk customers or if they ran off without paying he would just let it go.  His choice would be to not waste Police time;

·     He was already a father at the time of the 2010 offence;

·     He had originally pleaded not guilty to the 2010 offence.  His accuser did not turn up to Court and SA’s solicitor advised that he should take the deal and plead guilty.  He trusted his solicitor as he did not understand the law;

·     He had not offended since 2010 and he no longer drank alcohol as he put his sport first.  Alcohol always got him in trouble but now that he didn’t drink he was able to laugh off bother from customers in the off-licence in which he worked;

·     He was not the Premises Licence holder for the off-licence but he had worked there for so long that he knew most of the customers by name;

In response to questions from the Senior Solicitor, SA stated the following:

·     He had been married for 12 years and had children aged 16, 12, 9 and 7;

·     He had been physically scarred and bones broken when he had been the victim of an unprovoked attack as a young man.  That had led to him turning to drink and the break-up of his marriage.  He had also had a tough upbringing.  However, he now put all of his energy into powerlifting.

SA made a closing statement. He worked part time in a shop and was finding it difficult to bring up four kids on a small income.  He wanted to be able to work more hours to provide for them and to continue with his sport, which was very expensive.  Should the Sub-Committee grant him a Licence he would not let them down.

SA, Mr Khan and the Section Leader (Licensing) left the room to allow the Sub-Committee to determine the matter.

The Chair invited AH, Mr Khan 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.

SA, Mr Khan and the Section Leader (Licensing) left the room.