Agenda and draft minutes

Licensing Driver Panel - Tuesday, 14th January, 2025 9.30 am

Venue: Council Chamber, Civic Centre, Oldham, West Street, Oldham, OL1 1NL. View directions

Contact: Constitutional Services  Email: Constitutional.services@oldham.gov.uk

Items
No. Item

1.

Apologies For Absence

Minutes:

There were no apologies for absence received.

2.

Urgent Business

Urgent business, if any, introduced by the Chair

Minutes:

There were no items of urgent business received.

3.

Declarations of Interest

To Receive Declarations of Interest in any Contract or matter to be discussed at the meeting.

Minutes:

There were no declarations of interest received.

4.

Public Question Time

To receive Questions from the Public, in accordance with the Council’s Constitution.

Minutes:

There were no Public Questions for this meeting to consider.

5.

Minutes of Previous Meeting pdf icon PDF 210 KB

The Minutes of the meeting held on 3rd December 2024 are attached for approval.

Minutes:

RESOLVED that the minutes of the meeting held on 3rd December 2024 be approved as a correct record.

 

6.

Order of Proceedings pdf icon PDF 105 KB

Minutes:

RESOLVED that the Order of Proceedings be noted.

7.

Exclusion of the Press and Public

That, in accordance with Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following items of business on the grounds that they contain exempt information under paragraph(s) 1 and 2 of Part 1 of Schedule 12A of the Act, and it would not, on balance, be in the public interest to disclose the reports.

Minutes:

RESOLVED that, in accordance with Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following items of business on the grounds that they contain exempt information under paragraphs 1 and 2 of Part 1 of Schedule 12A of the Act, and it would not, on balance, be in the public interest to disclose the reports.

8.

DP/2025/01

The purpose of this report is to ask Members to review a dual driver licence where a conviction recorded against the licence holder calls in to question their fitness and propriety to be a suitable person to hold such a licence. As such, the licence holder has been referred to this Panel for determination.

Minutes:

The Panel considered an application to review a licence, due to a conviction of the Driver which calls in to question their fitness and propriety to be a suitable person to hold such a licence. As such, the application was referred to the Panel for determination.

 

RESOLVED that, based on the information provided to the Panel, having taken into account the reason the Driver has appeared before the Panel, namely a conviction, the report written by the Officer, their recommendations and the Council's Statement of Fitness and Suitability the Driver is no longer a fit and proper person and accordingly the licence is to be REVOKED in accordance with the guidelines in the Council's Statement of Fitness and Suitability with immediate effect on the grounds of public safety, as the Driver’s conviction was for driving without insurance which put the public at risk.

9.

DP/2025/02

The purpose of this report is to ask Members to review a dual driver licence where several complaints recorded against the licence holder calls in to question their fitness and propriety to be a suitable person to hold such a licence. As such, the licence holder has been referred to this Panel for determination.

Minutes:

The Panel considered an application to review a licence where several complaints recorded against the licence holder calls in to question their fitness and propriety to be a suitable person to hold such a licence. As such, the application was referred to the Panel for determination.

 

RESOLVED that, based on the information provided to the Panel, having taken into account the reason the Driver has appeared before the Panel, namely complaints about his conduct, the report written by the Officer, their recommendations, the Driver’s comments and the Council's Statement of Fitness and Suitability, the Driver is no longer a fit and proper person and accordingly the licence is to be REVOKED with immediate effect on the grounds of public safety. The Panel are satisfied that the conduct of the Driver in making inappropriate remarks to passengers demonstrated that he was no longer a fit and proper person to hold a licence and the nature of the remarks demonstrated that he was a risk to passengers.

 

NOTE: The Driver attended the meeting and addressed the Panel.

 

10.

DP/2025/03

The purpose of this report is to ask Members to review a dual driver licence where due to complaints recorded against the licence holder calls in to question their fitness and propriety to be a suitable person to hold such a licence. As such, the licence holder has been referred to this Panel for determination.

Minutes:

The Panel considered an application to review a licence where several complaints recorded against the licence holder calls in to question their fitness and propriety to be a suitable person to hold such a licence. As such, the application was referred to the Panel for determination.

 

RESOLVED that, based on the information provided to the Panel, having taken into account the reason the Driver has appeared before the Panel, namely complaints about his conduct, the report written by the Officer, their recommendations, the Driver’s comments and the Council's guidelines on the Fit and Proper Conduct, the Panel have decided that:

 

1        the Licensing Officers make further enquiries with Uber to establish whether the complainants had made previous complaints about Drivers’ conduct.

 

2        In the event that there is no evidence of previous complaints made by the complainants, the Chair and Vice Chair of the Panel be given delegated authority in consultation with the Head of Licensing to revoke the Driver’s licence with immediate effect on the grounds of public safetyas the conduct of the Driver in making inappropriate remarks to passengers demonstrated that he is no longer a fit and proper person to hold a licence and the nature of the remarks demonstrated that he is a risk to passengers and the other Panel members  be informed accordingly.

 

3        In the event that Uber do have records of previous complaints about Drivers made by either of the complainants, the application is to be brought back to the Panel for further consideration.

 

NOTE: The Driver attended the meeting with a representative and addressed the Panel.

 

11.

DP/2025/04

The purpose of this report is to ask Members to review a dual driver licence where a conviction recorded against the licence holder calls in to question their fitness and propriety to be a suitable person to hold such a licence. As such, the licence holder has been referred to this Panel for determination

Minutes:

The Panel considered an application to review a licence, due to a conviction of the Driver which calls in to question their fitness and propriety to be a suitable person to hold such a licence. As such, the application was referred to the Panel for determination.

 

RESOLVED that, based on the information provided to the Panel, having taken into account the reason the Driver has appeared before the Panel, namely a conviction, the report written by the Officer, their recommendations and the Council's Statement of Fitness and Suitability the Driver is no longer a fit and proper person and accordingly the licence is to be REVOKED in accordance with the guidelines in the Council's Statement of Fitness and Suitability with immediate effect on the grounds of public safety as the Driver’s conviction was for driving a vehicle with defective tyres which put the public at risk.

 

NOTE: The Driver attended the meeting with a representative and addressed the Panel.

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12.

DP/2025/05

The purpose of this report is to inform Members of an application for a new Dual Driver’s licence, which, due to a conviction calls in to question their fitness and propriety to be a suitable person to hold such a licence. As such, the application has been referred to this Panel for determination.

Minutes:

The Panel considered a report to inform them of an application for a new Dual Driver’s licence, which, due to convictions recorded against the Applicant calls in to question their fitness and propriety to be a suitable person to hold such a licence. As such, the application was referred to the Panel for determination.

 

RESOLVED that, based on the information provided to the Panel, having taken into account the reason the Applicant has appeared before the Panel, namely convictions, the report written by the Officer, their recommendations, the Applicant’s comments and the Council's Statement of Fitness and Suitability, the Applicant is deemed to be a fit and proper person and accordingly the application is GRANTED for a probationary period of twelve months to be extended for a further 2 years if no complaints about the Applicant are received in the meantime and subject to quarterly drug tests during the first year being provided at the Applicant’s expense to demonstrate that he remains drug free, with the first test to be carried out before the licence is issued.

 

NOTE: The Applicant attended the meeting and addressed the Panel.

13.

DP/2025/06

The purpose of this report is to inform Members of an application for a new Dual Driver’s licence, which, due to a conviction calls in to question their fitness and propriety to be a suitable person to hold such a licence. As such, the application has been referred to this Panel for determination.

Minutes:

The Panel considered a report to inform them of an application for a new Dual Driver’s licence, which, due to convictions recorded against the Applicant calls in to question their fitness and propriety to be a suitable person to hold such a licence. As such, the application was referred to the Panel for determination.

 

RESOLVED that, based on the information provided to the Panel, having taken into account the reason the Applicant has appeared before the Panel, namely convictions, the report written by the Officer, their recommendations, the Applicant’s comments and the Council's Statement of Fitness and Suitability, the Applicant is not a fit and proper person and accordingly the application be REFUSED in accordance with the guidelines in the Council’s Statement of Fitness and Suitability.

 

NOTE: The Applicant attended the meeting and addressed the Panel.