Agenda item

AYH, his solicitor TM and a friend were in attendance.

The Chair explained the procedure that would be followed and everyone introduced themselves.

The Licensing Officer introduced the report and summarised it for everyone. She advised that there was a small error in the report.

The Legal Advisor explained, referring to paragraph 5, that the offence relates to Section 4A of the Public Order Act 1986 (not Section 31 of the Crime and Disorder Act 1998)and the BCC Policy specifies a period of 8 years free from conviction in relation to these type of offences.

It was noted that AYH has already passed the Knowledge Test. Should he be granted a licence, he would still have to pass the other parts of the Fit and Proper Person Test.

TM put the case for AYH highlighting the following: (He also tabled a letter from Bristol Somali Forum supporting AYH.)

·         He accepted that he has to persuade the Committee to make an exception to the Policy in the case of AYH

·         AYH is determined to resume his job as a Private Hire Driver

·         Prior to losing his licence he had worked as a Private hire Driver for 4 years

·         He is married and has children

·         It was a racially aggravated offence and he pleaded not guilty

·         He now accepts that his behaviour was not acceptable and he accepts the conviction

·         The incident did not involve a customer

·         The other driver had confronted AYH

·         AYH did not get out of his car, did not threaten the other driver and kept his distance

·         It was a low order offence with only a fine imposed on AYH

·         He has not committed any other offences and is not a risk to the public or customers

·         The conviction is 3 years old and the offence will be 4 years old at the end of this year

·         AYH has done everything he can to show he is a reformed character

·         The offence was out of character

·         AYH has completed the Knowledge Test and has also taken an NVQ Refresher on Customer Services

·         TM asked that AYH be granted a licence

AYH then answered questions concerning the incident. He had stopped outside St Michael’s Hospital to allow a passenger out of his car. Another driver had shouted at him about his parking. There had been a verbal exchange of abuse and the other driver ‘phoned the Police to complain he had been racially abused. It was also noted that AYH had been accused of spitting. AYH stated that the incident happened at the time his mother was ill.

The Licensing Officer and the Applicant left the room whilst the Committee made its decision.

Decision

The Members considered very carefully all of the written and verbal evidence presented to them.

They noted their Policy and the offence committed by AYH.

Following a lengthy debate and on a vote of 3 to 1, the Committee agreed that in the individual circumstances of this case, an exception to the Policy could be made and that the conviction would not act as a bar to AYH being granted a licence subject to him passing the remaining parts of the Fit and Proper Test.

The Committee noted the work done by AYH in his community, that he has made every effort to reform since the offence, that it was considered a low level offence, that it was a one off incident and that his mother was terminally ill at the time of the offence.

Everyone returned to the room to hear the decision announced.

Resolved – that AYH’s conviction would not be a bar to him being granted a Private Hire Driver’s Licence subject to him passing the remaining parts of the Fit and Proper Person Test.