Agenda item

Mr Mohammed Shahin Ahmed

The Licensing Officer, Phil Cooper, introduced the report regarding the review of Mr Mohammed Shahin Ahmed’s Hackney Carriage driver’s licence HCD104.  In September 2016, Mr Ahmed was found guilty of an offence under the Social Security Administration Act, namely failing to notify a relevant change in circumstances knowing that the change would affect his entitlements to benefits.  Mr Ahmed received a Community Order which consisted of an unpaid work requirement and was ordered to pay costs and a victim surcharge, details of which were outlined in the background papers. 

The Officer continued that Mr Ahmed had failed to notify the licensing authority of his conviction within 7 days in accordance with the Council’s requirements.  Instead the Licensing team were made aware by the benefit fraud team.  Members were advised to consider whether, in light of the conviction, they were satisfied that Mr Ahmed remained a fit and proper person to hold his Hackney Carriage driver’s licence and, if not, to consider whether revocation should be with immediate effect in the interest of public safety.

In reply to a question from a member, the Officer informed members that Mr Ahmed had held his licence since 2013 and that he had no other convictions against his name.

The Chair invited Mr Ahmed to speak in support of his review.  Mr Ahmed told members that he was extremely sorry, that he had lived here for the last 21 years and had never done anything like this before.  He said he had a young family and taxi driving was his livelihood and that if he lost his licence his family would suffer and he would get behind with his repayments.  He promised he wouldn’t do anything like this again in the future and requested the committee to give him another chance.

In response to questions from members, Mr Ahmed confirmed that he had been aware of the conditions of his licence and explained that he had worked in a restaurant for 18 years, until he slipped a disc, and because of that he started part time taxi driving.   He confirmed that he knew he should have declared his taxi driving work, but said he was greedy as he had been out of work for 6 months and was struggling financially.  Mr Ahmed admitted that he knew it was wrong.  He confirmed that he had claimed housing benefit since 2012 and been unemployed from July 2013 to February 2014.    Mr Ahmed said he was unsure how he was found out, but thought it could have been a letter to a previous employer from the Job Centre.

In reply to questions about the offence, Mr Ahmed stated that the amount of the fraud was £5,500 and that he had been paying £125 in monthly payments to the council and so far had paid a fifth back.    With regard to the 100 hours of unpaid work, he confirmed he was doing one day a week of voluntary work and had already done 34 hours and hoped to finish the rest within the next 10 weeks. 

The Chair reminded members that they had to decide if Mr Ahmed was a fit and proper person to retain his licence, or whether to revoke it, revoke it with immediate effect in the interest of public safety, or to consider giving Mr Ahmed a written warning, stating that if any other matter regarding his licence was to come to light within the next year, that Mr Ahmed would have to come before the committee again.   One member reminded members to consider the wording ‘in the interest of public safety’, in that Mr Ahmed had not committed a driving offence.   It was also confirmed that if the licence was revoked, that Mr Ahmed would be able to apply for benefits again.

In summing up, Mr Ahmed reiterated that he had no previous convictions, that he paid his rent and council tax and that this job was his livelihood.  He stressed that he was very sorry about what had happened and asked the committee to give him one more chance.

As the committee wished to debate the matter in private, Mr Ahmed was asked to leave the room at 18.30.  Mr Ahmed was asked to return at 18.50.

The chair asked members to vote on the additional wording to be added to 1.4.1 of the report, namely that a written warning be placed on Mr Ahmed’s file for a period of one year and that he be required to come back to committee in July 2017 for a review.

Upon a vote on the additional wording it was 7 for, 2 against.

The chair moved to vote on 1.4.1, plus the additional wording.

Upon the vote it was 7 for, 1 against, 1 abstention.

Upon a vote for the revocation of his licence, it was 2 for, 7 against.

RESOLVED THAT, Mr Mohammed Shahin Ahmed’s Hackney Carriage driver’s licence be continued, because the committee was satisfied that he was a fit and proper person to hold such a licence but that a written warning be placed on Mr Ahmed’s file for a period of one year and that he be required to come back to committee in July 2017 for a review.