Agenda and minutes

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Items
No. Item

1.

Exclusion of the Public and Press

Consideration of reports containing exempt information within the meaning of section 100I and paragraph 1 part 1 Schedule 12A Local Government Act 1972.

Minutes:

RESOLVED that under section 100I of the Local Government Act 1972 the public be excluded for the following item of business on the grounds that it involved the likely disclosure of exempt information as defined in paragraphs 1 and 2 part 1 of Schedule 12A of the Act.

 

 

2.

Determination of a Private Hire Driver's Licence

To determine a private hire/hackney carriage driver’s licence.

Minutes:

Because witnesses had agreed to be present for Item 7, the Chairman agreed to move the item forward in proceedings.

 

The procedure for determining a private hire/hackney carriage licence was read to those present.

 

The panel considered the Enforcement Officer’s report.

 

The driver’s private hire/hackney carriage driver’s license was referred to members to consider whether or not he remained ‘fit and proper’. There had been allegations by a customer about his poor behaviour during the course of their journey. Amongst other things, he had requested that she make payment for the journey by way of paying for fuel and had also repeatedly asked for her English telephone number, rather than him taking her to a cash point/ATM machine.

 

The aunt of the witness said her niece was staying with her over the summer. Her niece had recounted to her the information summarised in the report.

 

The witness said she had found the driver’s behaviour to be very inappropriate. She had only found out how much the driver expected her to pay for fuel at the petrol station, and did not recall being asked about any refund.

 

The Solicitor said the witness’ statement complied with the requirements of S9 of the Magistrates Courts Act 1980, and as such had full probative value.

 

The driver said the witness had said she would pay by card but he could not process this payment because he had forgotten his phone. He then said she could pay for fuel, because the cost of the fuel would be cheaper than the cost of the journey she was wanting to make. He realised after she had paid for fuel that she was unhappy and therefore stopped attempting to make conversation. He had not stopped far from the Post Office and had had to find a safe place to pull over. Neither of them had known where the nearest cash machine would be.

 

In response to a question from the Enforcement Officer, the driver said he had not known that he was required to keep the meter running throughout the duration of the journey, despite the fact he had negotiated an alternative price.

 

The driver said taxi work was his only profession and he was relying on the money he earned from it.

 

At 10:55, the Committee retired to make its decision.

 

At 11:30, the Committee returned.

 

The decision was read to those present.

 

 

Decision:

 

The application before the Panel today is for the suspension or revocation of the driver’s joint private hire/hackney carriage licence number PH/HC0665 in accordance with S61  (1) (b) Local Government (Miscellaneous Provisions) Act 1976.- any other reasonable cause. The three year licence is due to expire on 31st May 2019. The driver is also the proprietor of a private hire vehicle and has been licensed by the Council since  June 2016

 

We have had the opportunity of reading the officer’s very detailed report in this case, a copy of which has been served on the driver, and we have also seen, as  ...  view the full minutes text for item 2.

3.

Determination of a Private Hire/Hackney Carriage Driver's Licence

To determine a private hire/hackney carriage driver’s licence.

Minutes:

The procedure for determining a private hire/hackney carriage licence was read to the applicant.

 

The panel considered the Licensing Officer’s report.

 

The applicant did not meet the Council’s licensing standards as point 3 of the Licensing Standards – Drivers states that “where a driver has been disqualified from driving for any reason a licence will not normally be granted for 3 years after the disqualification has expired or 12 months after the date the driver’s licence is re-issued whichever is the later”.

 

The applicant said the judge had been sympathetic to his case as the speed restrictions were not well sign-posted. He had informed the insurance company immediately and received a two week ban.

 

At 12:05, the Committee retired to make its decision.

 

At 12:15, the Committee returned.

 

The decision was read to the applicant.

 

 

Decision:

 

The applicant’s application dated 6th March 2018 is for a Private Hire/Hackney Carriage Driver’s licence.  If successful, he has an offer of part-time employment from CSL Ltd at Takeley, driving a Mercedes Vito car for VIP clients. He would undertake this alongside working in his own business as a security consultant.

 

Question 10 on the Council’s application form asks whether applicants have been disqualified from driving or had their licence revoked. The applicant answered ‘yes’ to this question. Question 11 asks applicants whether their licence has been endorsed for a fixed penalty offence within the last 4 years. The applicant answered ‘yes’ to this question, but clarified that he was convicted of an SP30 offence and had his licence endorsed with 6 points. He had then applied for a review of his case under S142 MCA 1980 and had agreed to take a 14 day suspension instead and have the points removed from his licence. The Council’s Drivercheck dated 7 March 2018 confirmed a SP30 offence on 12 January 2016 with a conviction date of 17 August 2016 and no points.

 

The applicant does not meet the Council’s licensing standards as paragraph 3 of Appendix A to the Licensing Standards states that:-

“Where a driver has been disqualified from driving for any reason a licence will not normally be granted for 3 years after the disqualification has expired or 12 months after the date the driver’s licence is re-issued whichever is the later”.

The applicant attended the Council offices on Friday 4 May 2018 for an interview with the Licensing Officer to discuss his application. He brought with him his notice of Appeal to the Crown Court from the Magistrates and a copy of the covering letter setting out his grounds for the appeal/review.  Those documents are in our papers and we have read them carefully as they set out in detail the circumstances surrounding the offence. 

 

He had applied for a review of the original penalty as he felt it too severe and that proper regard had not been given to the mitigating circumstances. The case was reconsidered on 16 December 2016,  the applicant attended, the result being that the  6  ...  view the full minutes text for item 3.

4.

Determination of a Private Hire/Hackney Carriage Drivers Licence

To determine a private hire/hackney carriage driver’s licence.

Minutes:

The procedure for determining a private hire/hackney carriage licence was read to the applicant.

 

The panel considered the Licensing Officer’s report.

 

The applicant did not meet the Council’s licensing standards because although his convictions were spent in accordance with the Rehabilitation of Offenders Act 1974, point 5 of the Licensing Standards – Drivers states that an applicant must have “no criminal convictions for an offence of dishonesty, indecency or violence in respect of which a custodial sentence (including a suspended custodial sentence) was imposed”.

 

The applicant said he had been young and part of a bad crowd during the time he committed the offences. He had never stolen the mail-order catalogues for gain, but he did not deliver them as he was supposed to, and it was therefore classified as theft.

 

The boss of the applicant said he was pleased with the applicant’s work as a passenger assistant and he was a valued member of the team.

 

At 12:25, the Committee retired to make its decision.

 

At 12:30, the Committee returned.

 

The decision was read to the applicant.

 

Decision:

 

The applicant’s application dated 20th April 2018 is for a Private Hire/Hackney Carriage Driver’s licence.  If successful, he has an offer of employment from 24 x 7 Ltd. His manager from that company also attended today.

 

The applicant’s application disclosed a historic conviction for GBH in 1975. However, an enhanced DBS check dated 1st May 2018 confirmed that he does not meet Point 5 of the Council’s Licensing Standards, which state that a driver must have:-

 

“No criminal convictions for an offence of dishonesty, indecency or violence in respect of which a custodial sentence (including a suspended custodial sentence) was imposed.”

 

The applicant’s Enhanced DBS Check revealed the following matters:-

1.     6th December 1971 – Drunk in Licensed Premises, Possession of Offensive Weapon x 3, ABH -  Towcester JJ – 3 months Detention Centre per offence, to run concurrently.

2.    6th September 1977 – Theft – Northampton JJ – Fined £25.

 

Though he is a rehabilitated person in respect of all these offences under the Rehabilitation of Offenders Act 1974, this legislation does not apply to all scenarios, and included among these is the holding of Private Hire and Hackney Carriage Drivers licences.

 

In support of his application, the applicant says that all these offences took place many years ago and he was part of a group of people at the time.  The last of these convictions was in 1977 and since then he has by and large, managed to remain in work, including as a CCTV engineer, which requires police clearance: he is currently working for 24 x 7 Ltd as a passenger assistant on school runs and they have encouraged him to apply for a driver’s licence.

 

Unfortunately in aggregate, these are serious matters and although the overwhelming majority of them took place years ago, the Rehabilitation of Offenders Act 1974 does not apply to proceedings before this Committee.

 

However, we have listened to what  ...  view the full minutes text for item 4.

5.

Determination of a Private Hire/Hackney Carriage Drivers Licence

To determine a private hire/hackney carriage driver’s licence.

Minutes:

The procedure for determining a private hire/hackney carriage licence was read to the applicant.

 

The panel considered the Licensing Officer’s report.

 

The applicant did not meet the Council’s licensing standards as although his points expired on 17 March 2018 point 2 of the Licensing Standards-Drivers states that applicants must have “no convictions or fixed penalty notices endorsed on a drivers licence within the last 3 years where 6 or more points have been endorsed in respect of a single offence. As the applicant’s conviction was on 29 October 2015 he would not therefore meet our standards until 29 October 2018

 

The applicant confirmed that all the necessary information was provided in the report.

 

At 12:40, the Committee retired to make its decision.

 

At 12:50, the Committee returned.

 

The decision was read to the applicant.

 

 

Decision:

 

The applicant’s application dated 1st May 2018 is for a Private Hire/Hackney Carriage Driver’s licence.  If successful, he has applied for employment with 24 x 7 Ltd.

The application form asks for a of list all convictions (including motoring offences) both spent and unspent and any police cautions. The applicant declared 2 offences of drink driving:  one in 1979 for which he received a 12 month ban and one in 1989 for which he received an 18 month ban. He also disclosed an offence of failing to give information as to the identity of a driver (MS90) for which he received a fine of £560 and a 6 point endorsement. This offence took place in March 2015 and the applicant provided a DVLA licence summary showing that he currently has no endorsements and the MS90 offence on 17 March 2015 with an expiry date of 17 March 2018.The Council’s DriverCheck enquiry dated 15 May confirmed the MS90 offence on 17 March 2015, with a conviction date of 29 October 2015.

The applicant therefore does not meet the Council’s licensing standards as although his points expired on 17 March 2018,  paragraph 2 of Appendix A of the Licensing Standards-Drivers states that applicants must have

“No convictions or fixed penalty notices endorsed on a driver’s licence within the last 3 years where 6 or more points have been endorsed in respect of a single offence”.

As the applicant’s conviction was on 29 October 2015 he would not therefore meet that standard until 29 October 2018.

A telephone interview took place between the Licensing Officer and the applicant on 25 May 2018. The applicant explained he had purchased a car for his daughter and the finance company asked for his name on the log book. As his daughter was involved in an abusive relationship, she moved frequently on advice, and she changed her address on the registration document without the applicant’s knowledge.

When she committed a speeding offence in Essex the Police sent the paperwork to her last known address in Broadstairs. The applicant was unaware of the speeding offence and did not receive any paperwork; the first he knew of the offence was when  ...  view the full minutes text for item 5.

6.

Determination of Private Hire/Hackney Carriage Driver's Licence

To determine a private hire/hackney carriage driver’s licence.

Minutes:

The case relating to this item had been deferred. There was therefore no consideration of this item.

 

7.

Determination of a Private Hire Driver's Licence

To determine a private hire driver’s licence.

Minutes:

The driver in relation to this item was unable to attend for personal reasons. The Committee therefore agreed to defer this case.

 

8.

Determination of a Private Hire/Hackney Carriage Driver's Licence

To determine a private hire/hackney carriage driver’s licence.

Minutes:

The driver in relation to this item had given no indication that he intended to attend this meeting.

 

The panel considered the Enforcement Officer’s report.

 

The Council requires all drivers to undergo an enhanced Disclosure and Barring Service (DBS) check and group 2 medical when they apply for a licence and every three years after that. These checks assist the Council in establishing whether an individual is a ‘fit and proper’ person to hold a licence. The driver’s last group 2 medical expired on 11 March 2018 and his DBS check expired on 31 March 2018 and he had failed to supply new ones to the Council.

 

At 1:15 the Committee retired to make its decision.

 

At 1:25 the Committee returned. The decision was read to those present.

 

 

Decision:

 

The application before the Panel today is for the suspension or revocation of the driver’s joint private hire/hackney carriage licence in accordance with S61  (1) (b) Local Government (Miscellaneous Provisions) Act 1976.- any other reasonable cause. He has been licenced in Uttlesford since 1st April 2016 and his current licence is due to expire on 31st March 2019. His last known driving role was with 24 x 7 Ltd.

 

The Council requires all drivers to undergo an enhanced Disclosure and Barring Service (DBS) check and group 2 medical when they apply for a licence and every three years after that. These checks assist the Council in establishing whether an individual is a ‘fit and proper’ person to hold a licence. The driver last group 2 medical expired on 11 March 2018 and his DBS check expired on 31 March 2018.

 

Normal practice at UDC is to send out reminder letters to drivers for DBS checks that are due to expire on the first working day of the month which precedes the month when the check expires.   The reminders for medicals are typically sent out on the 15th day of the month preceding the expiry of that check. Further, licensed drivers are also required to complete DVLA mandate forms for the Council every three years to enable the licensing department to carry out checks on DVLA records every year. The driver DVLA mandate expired on 02 March 2018 He has failed to respond to all of these reminders.

 

On 20 March 2018, the licensing team sent a letter to the driver with a reply form to determine whether he wanted to keep or surrender his licence. No response was received. The licensing team left two further phone messages for the driver on 10 and 17 April 2018 but received no response.

 

The Enforcement Officer followed this up on 24 April 2018 by letter explaining that  medical, DBS and DVLA mandate had all expired and that if the driver wanted to remain licensed then he must provide these documents by 10 May 2018. He has not done so.

 

Condition 12 of Appendix A of the Council’s Licensing Standards requires drivers to meet “…Group 2 medical standards as published by the  ...  view the full minutes text for item 8.