Agenda and minutes

To receive any apologies for absence and declarations of interest.

The Chairman was informed that only one driver of six had arrived to the Committee hearing. He said this was unacceptable and requested that a letter be sent to all drivers informing them of the quasi-judicial nature of the Licensing and Environmental Health Committee and to stress the importance of attending when an individual’s licence/application had been referred.

Consideration of reports containing exempt information within the meaning of section 100I and paragraphs 1 and 2 part 1 Schedule 12A Local Government Act 1972.

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.

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

The Chairman moved item six forward in proceedings as the driver for this item was present.

The panel considered the Enforcement Officer’s report.

Compliance checks being carried out by officers from Braintree District Council found the driver of a private hire vehicle to be ‘plying for hire’. When asked if he was working, the driver confirmed he was working and accepted the request to transport them to Tesco in Princes Road, Chelmsford. At the end of the journey a fee of £5 was paid. The Enforcement Officer also reported in his statement that he could not see the driver’s identification badge.

When the officers began writing in their pocket notebooks following the journey, the driver approached them and repeatedly asked what they were doing. The officers told the driver that they were checking for individuals ‘plying for hire’ and attempted to withdraw into the store but the driver followed and requested that the officers forget what had happened. The driver continued to confront the officers and when they made their way to a colleague’s vehicle and attempted to leave, the driver tried to grab the door/wing mirror.

Members were asked to consider whether the driver remained a fit and proper person as he had transported passengers in a licensed vehicle for hire and reward in a journey that was not pre-booked via an operator. Members were also advised that the failure to wear a private hire driver’s badge was an offence under section 54(2) Local Government (Miscellaneous Provisions) Act 1976.

In response to a Member question regarding the statement of the Braintree District Council Officer, the Solicitor said the evidence could be relied upon and would stand up in a Magistrates court.

At the request of the Chairman, the driver gave his account of events on 23 May 2018.

The driver said he had been struggling with money and had much on his mind when he was approached by the two officers on Moulsham Street. He said he was not thinking straight and knew he had done something wrong as soon as the officers departed his vehicle. He said he had not tried to grab the wing mirror as the officers drove away, but instead was trying to give the money back. He had now been suspended for twelve weeks and had not driven for another operator.

In response to a Member question, the driver said he had his badge in the vehicle but he was not wearing it on his person at the time of the event.

The Enforcement Officer asked the driver what training had been provided by the Operator prior to taking the job.

The driver said he had a quick session at the Operator’s office and he was given the ‘green book of rules,’ which he had read briefly. He said he had not fully realised the implications of collecting passengers that had not pre-booked via an operator.

At 10.35, the panel retired to make its decision.

At 11.10, the panel returned.

The Chairman read out  ...  view the full minutes text for item 3.

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

The driver had not arrived for the hearing. Under the advice of the Solicitor, the Panel deferred the case to allow the driver to make representations in person.

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

The driver in relation to this item had not attended the hearing, although the case had already been deferred twice due to the driver’s non-attendance on 4 June and 16 July.  

The panel considered the Enforcement Officer’s report.

Members discussed whether the driver no longer met the Council’s licensing standards due to the six penalty points the driver had received for a single offence, and, subsequently, whether the driver remained a ‘fit and proper’ person to retain his licence. Members considered the driver’s previous Council caution and appearance before the Committee in November 2013, as well as his failure to notify the Council of his conviction in June 2017.

At 11.30, the panel retired to make its decision.

At 11.50, the panel returned.

The Chairman read out the decision.

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/HC0748 dated autumn 2015, 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 October 2018. The driver is also the holder of the private hire operator licence for a chauffeur service and is the proprietor of a private hire vehicle. He has been licensed by the Council since 2012 and we note that he has appeared before us on a previous occasion.

We have had the opportunity of reading the officer’s report in this case, a copy of which has been served on the driver, and we have also seen, as has he, the background documents annexed thereto.  They include:-

a.         Uttlesford District Council licensing standards for drivers.

b.         Email dated 17 May 2013 with a copy of “Taxichat” notifying changes to the Council’s licensing policies.

c.         Certificate of caution for the driver dated 26 October 2013.

d.         Minutes of Licensing and Environmental Health Committee dated 19 November 2013.

e.         Emails between the driver and the licensing department on 16 May 2016.

f.          Drivercheck of the driver’s DVLA records on 29 January 2018.

g.         Emails with the driver between 17-27 April 2018.

As part of the licensing department’s due diligence procedures, a check on the driver’s DVLA records on 29 January 2018 showed that he committed an SP50 offence (exceeding speed limit on a motorway) on 18 October 2015 for which he was convicted on 10 May 2016 receiving three penalty points. Further, he had again been convicted of an SP50 offence on 13 June 2017 occurring on 10 November 2016.   For this latter offence his licence was endorsed with a further six penalty points which means he now has a total of nine penalty points on his licence. The maximum penalty points for this offence is six penalty points.

As a result of receiving six penalty points for a single offence, the driver no longer meets the Council’s Licensing Standards for drivers. Paragraph 2 of Appendix A thereof states:

“No convictions or fixed penalty notices endorsed on a  ...  view the full minutes text for item 5.

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

The driver in relation to this item did not attend the meeting. The Chairman said the case needed to be heard in the driver’s absence due to the primacy of public safety.

                        The panel considered the Enforcement Officer’s report.

            The Council had been notified by the driver’s employer on 08 May 2018 that the driver had been dismissed due to allegations relating to the use of illegal drugs whilst driving a licensed vehicle; four complaints had been received from customers in over one week, and during an inspection of the vehicle, cannabis was found on the driver’s seat by the employer. Members noted the driver’s imprisonment for 21 months in 2011 for the supply of drugs.

            In May 2018, a DVLA drivercheck also revealed the driver had received a SP30 offence in October 2017. The driver had not notified the Council of this fixed penalty notice which had led to him accruing 9 points on his licence, a clear breach of the conditions of his licence.

Members considered whether the driver remained a ‘fit and proper’ person to hold a licence, having been dismissed by his employer for allegedly possessing illegal drugs whilst driving a licensed vehicle, as well as breaching the conditions of his licence for which he had yet to be sanctioned. Members discussed the nature of the offence and revocation on the grounds of public safety.

            At 11:55, the panel retired to make its decision.

            At 12:05, the panel returned.

            The Chairman read the decision to those present.

            Decision:

The application before the Panel today is for the suspension or revocation of a joint private hire/hackney carriage licence number PH/HC2303 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 August  2020. The driver had been employed until his dismissal in May 2018. It was the employer who advised the Council of this.

The driver has not responded to correspondence from the Council’s Licensing Dept and has not attended before us today. Given the potential risk he poses to the public we are dealing with this matter in his absence as we are satisfied he has been given every opportunity to attend.

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 has he, the background documents annexed thereto. 

They include:-

a.         Uttlesford District Council licensing standards for drivers.

b.         Uttlesford District Council conditions of licence for drivers.

c.         The driver’s application for a driver’s licence dated 29 May 2017.

d.         Emails between the employer and the Enforcement Officer between 08-10 May 2018.

e.         DVLA driver check for The driver dated 11 May 2018.

f.          Email to The driver dated 06 June 2018.

On 08 May 2018 the employer notified the Council that they had dismissed the driver the previous weekend due to a number of allegations from  ...  view the full minutes text for item 6.

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

The Committee was informed that the driver in relation to item 7 had surrendered their licence and there was nothing for the panel to consider.

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

Members were informed that the driver was unable to attend due to work-related reasons. Under the advice of the Solicitor, the panel deferred the case to allow the driver to make representations in person.

The meeting ended at 12.10pm.