The Chair invited Elaine Moreton, Section Leader Licensing, and the Applicant (MM) into the Hearing. MM was accompanied by his Solicitor, Mr Ali. The Chair led introductions and outlined the procedure to be followed.
The Section Leader, Licensing, outlined the report regarding an application for a Private Hire Vehicle Driver’s Licence, which had been circulated to all parties inadvance 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 MM was a fit and proper person to hold a Private Hire Vehicle Driver’s Licence due to the information outlined in the report.
All parties were invited to question the Section Leader on the report. Elaine Moreton provided responses to questions asked.
The Chair invited MM to make his submission.
Mr Ali made representations on behalf of his client. He stated that since MM had his Private Hire Vehicle Driver’s Licence revoked, he had endeavoured to improve his English language and was currently studying for a foundation degree at university. He stated that the reasons for the revocation had not been upheld and despite his client’s request, the circumstances had never been investigated. He stated that MM was not a risk to the public and had all the attributes to be an amazing driver.
All parties were invited to question MM and Mr Ali on the submission.
In response to questions asked, MM summarised the incident that led to the revocation of his licence and stated that he had taken dogs in his vehicle many times before. Following further questions, Mr Ali stated that his client had a phobia of dogs but assured Members that he had taken dogs many times and would continue to do so.
The Chair invited Mr Ali and MM to make a final statement and Mr Ali did
so. He stated that his client was a fit and proper person and the revocation of his licence had been due to a misunderstanding. He stated that his client could communicate to a satisfactory level in English and had never had issues with communication before.
MM, Mr Ali and the Section Leader left the meeting to allow the Sub-Committee to determine the matter.
All parties were invited back to the meeting.
The Chair advised them of the decision of the Sub-Committee, which was explained in full by the Senior Solicitor.
That having considered all the evidence both written and oral, provided at the hearing, the Sub-Committee was not satisfied that MM was 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 was notgranted. This decision was made in accordance with paragraph 5.1.28(a) and 4.8 of the guidelines relating to the relevance of convictions and breaches of licence conditions agreed by the Licence Committee on 20 March 2019.
The Solicitor detailed the applicant’s right of appeal to the Magistrates’ Court against the decision of the Sub-Committee, within 21 days of receipt of the decision, and the potential costs of doing so.