Updated: Jan 2
Bury Council have decided to issue a shortened 12-month private hire licence to a driver who failed to disclose a speeding offence during the renewal application process of his licence.
The Licensing Unit Manager presented a report submitted by the Executive Director (Operations) related to the unnamed licence holder, who attended the meeting along with a legal representative.
The Chair made introductions and outlined the procedure to be followed and clarified that all those present had read the report. The report which was accepted by the licence holder set out the reasons for the licence holder being before the panel.
The man in question had held a private hire driver’s licence continually since 28 July 2011 until its expiry on the 5 November 2020. He submitted an online application for the renewal of a private hire driver’s licence on 22 October. As part of the renewal application applicants should state yes or no to the question: “Do you have any convictions, fines or formal cautions?”
The online process indicated that applicants should “include all convictions that you may have including motoring convictions”.
When a licensing advisor used the DVLA’s online portal to check this applicant's driving licence the following conviction was found which was not declared via the yes option in the applicants declaration on his application:
SP30 - Exceeding statutory speed limit on a public road
13 March 2019
13 March 2022
Licence endorsed with 3 points Fixed Penalty Notice.
The applicant had therefore failed to declare this motoring conviction within the correct time frame as stipulated in the private hire driver's licence conditions.
Condition 13 of the Private Hire Driver's Licence states:
‘Convictions – If you are formally cautioned for an offence or convicted of an offence you must tell us in writing, within seven days. Write to the Licensing Unit Manager, 3 Knowsley Place, Duke Street, Bury, BL9 0EJ.’
The applicant was subsequently interviewed by a licensing enforcement officer. He explained that it was a mistake due to his lack of knowledge.
The applicant was asked to explain his reasons in writing for failing to declare the conviction.
The panel carefully considered the report, the additional documentation and oral representations by licence holder and his legal representative.
Taking into account the Council’s Conviction Policy and Guidelines and in accordance with the Local Government (Miscellaneous Provisions) Act 1976, the decision was made, on a majority basis, to grant the licence application for a 12 month period subject to a written warning being issued for his failure to notify the licensing unit of a motoring conviction.
The Panel noted that;
The licence holder was remorseful
The licence holder did not intend to be deceitful
The licence holder now understands the correct process
The licence holder would receive a warning letter.