LICENSING AND REGULATORY SUB-COMMITTEE NO. 7
18TH
DECEMBER 2007
Present:
Councillor W S Davies: Chair
Councillors A Crawford, B H Dykes, J Lewis, R
Stafford and L T Wood
In attendance:
Mr T
O’Donnell
Minute No. 50 only
Mr R
Badman
Hibbert Durrad Moxom LLP (Representing Mr O’Donnell)
Mr A
Gajoum
Minute No. 51 only
Mr C
Drew
Brown and Corbishley (Representing Mr Gajoum)
Mr C M
Jones
Democratic Services Officer
Mr A C
Lee
Legal Adviser
48 DECLARATIONS
OF INTEREST
No Member made any declaration of interest in
respect of any item of business on the agenda.
49 MINUTES
RESOLVED: That the
minutes of the meeting of the Sub-Committee held on 3rd
July 2007 be approved as a correct record.
50
CONVICTION OF THE HOLDER OF A HACKNEY CARRIAGE
AND PRIVATE HIRE LICENCE
(Note: Mr Gajoum and Mr Drew joined the
meeting at this point in the proceedings and were in attendance
throughout discussion of this item, except where
indicated.)
Following a covert operation in December 2006,
Ahmed Gajoum, who had held a licence to drive Hackney Carriage and
private hire vehicles since June 2006 had been convicted of an
offence of plying for hire illegally and an offence of driving
without motor insurance.
On 16th December 2006 undercover
Officers of the Council and Police approached Mr Gajoum who was the
driver of a private hire vehicle and was stopped outside The Earl
Public House on Nantwich Road, Crewe. The Officers asked Mr
Gajoum to take them to Nantwich. Mr Gajoum enquired if they
had ordered the car and then contacted his radio operator,
following which he agreed to the request and took them to
Nantwich.
Mr Gajoum pleaded not guilty to both offences,
but was convicted. He appealed against the convictions to
Chester Crown Court on 7th November 2007. The
appeal against his conviction for driving without insurance was
upheld. On the day of the hearing, he withdrew his appeal against
conviction for the plying for hire offence. He was fined £75
with costs of £350.
The Sub-Committee was asked to determine what
course of action to take in respect of the entitlement of the
licence-holder to continue to hold his licences.
On behalf of Mr Gajoum, Mr Drew presented his
case, offering mitigation on the basis that –
(a) English was Mr Gajoum’s
second language;
(b) Mr Gajoum had radioed his
company to seek permission before accepting the fare;
(c) He had allegedly
been told by his employer that such a practice was in order;
(d) He was relatively new to the
job;
(e) He normally drove a Hackney
Carriage;
(f) There was no
history of any complaints having previously been made against Mr
Gajoum.
Mr Drew also made reference to Mr Gajoum’s
financial circumstances.
Mr Gajoum was questioned by Sub-Committee
Members by way of clarification.
Mr Gajoum and Mr Drew withdrew from the
meeting whilst the Sub-Committee reached its decision. The
Committee Officer and the Legal Adviser remained in the
meeting.
Following the Sub-Committee’s determination,
Mr Gajoum and Mr Drew rejoined the meeting to be informed of the
decision.
RESOLVED:
That Ahmed Gajoum’s licence to drive
Hackney Carriage and private hire vehicles be suspended for one
month.
Mr Gajoum was advised of his right to appeal
to the Magistrates Court.
The Sub-Committee took into account –
(a) The Council’s
Statement of Policy about Relevant Convictions, in particular,
Paragraph 6 which related to the effect of convictions.
(b) The report of the
Executive Director (Environment and Development)
(c) Mr Drew’s letter on
behalf of Mr Gajoum, together with oral evidence provided at the
meeting.
(d) The proper
operation of the respective private hire and Hackney Carriage
licensing functions.
(e) The safety of the
travelling public.
(Note: Mr Gajoum and Mr Drew
withdrew from the meeting at this point in the
proceedings.)
51 CONVICTION
OF THE HOLDER OF A HACKNEY CARRIAGE AND PRIVATE HIRE
LICENCE
(Note: Mr O’Donnell and Mr Badman
joined the meeting at this point in the proceedings and were in
attendance throughout discussion of this item, except where
indicated.)
Following a covert operation in December 2006,
Thomas O’Donnell, who had held a licence to drive Hackney Carriage
and private hire vehicles since July 2002 had been convicted of an
offence of plying for hire illegally and an offence of driving
without motor insurance.
On 9th December 2006 undercover
Officers of the Council and Police approached Mr O’Donnell who was
the driver of a private hire vehicle stopped in Oatmarket,
Nantwich. The Officers asked to be taken to Crewe Railway
Station. Mr O’Donnell agreed and took them to the
station.
The Council instigated proceedings in respect
of the offence on 9th December 2006, but took no action
in respect of a similar alleged offence on 16th December
2006, details of which had been provided in the report
submitted.
Mr O’Donnell had pleaded guilty to the offence
at South Cheshire Magistrates Court on 24th September
2007. He was fined £250 for illegally plying for hire; £250 for
having no insurance; his licence was endorsed with 6 penalty points
and he was ordered to pay £45 costs. Mr O’Donnell already had
9 points on his driving licence and the conviction for no insurance
now gave him a total of 15 points. Under the “totting up”
provisions, a driver was automatically disqualified when he
accumulated 12 or more points; however, the Magistrates had
been satisfied that he would suffer exceptional financial hardship
if he had been disqualified and therefore allowed him to retain his
licence.
The Sub-Committee was asked to determine what
course of action to take in respect of the entitlement of the
licence-holder to continue to hold his licences.
On behalf of Mr O’Donnell, Mr Badman presented
his case principally on the basis that the financial penalties
imposed by the court were sufficient punishment and that the
suspension or revocation of his licences would be detrimental to
his ability to maintain a livelihood. He was 61 years of age
and had no other reasonable prospect of employment. Mr
O’Donnell also spoke in support of his case and made reference to
his personal circumstances which had prevailed around the time of
the incident.
Mr O’Donnell was questioned by Sub-Committee
Members by way of clarification.
Mr O’Donnell and Mr Badman withdrew from the
meeting whilst the Sub-Committee reached its decision. The
Committee Officer and the Legal Adviser remained in the
meeting.
Following the Sub-Committee’s determination,
Mr O’Donnell and Mr Badman rejoined the meeting to be informed of
the decision.
RESOLVED:
That Thomas O’Donnell’s licence to
drive Hackney Carriage and private hire vehicles be suspended for
three months.
Mr O’Donnell was advised of his right to
appeal to the Magistrates Court.
The Sub-Committee took into account –
(a)
The Council’s Statement of Policy about Relevant Convictions, in
particular, Paragraphs 6 and 13; Paragraph 6 related to
the effect of convictions and Paragraph 13 related to motoring
convictions where licence-holders/applicants had 12 or more penalty
points endorsed on their licence but who had not been disqualified
under the “totting up” procedure..
(b) The report
of the Executive Director (Environment and Development)
(c) Mr
Badman’s letter on behalf of Mr O’Donnell, together with oral
evidence provided at the meeting.
(d) The proper
operation of the respective private hire and Hackney Carriage
licensing functions.
(e) The safety
of the travelling public.
………………………………Chair