Agenda and minutes

Consideration of reports containing exempt information within the meaning of section 100I and paragraph 1 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 introduced the Panel and explained procedure to the driver.

The Panel considered the Licensing Officer’s report.

The Council’s Licensing Standards state 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 driver did not meet the criteria. Members were therefore asked to consider whether the driver was a fit and proper person to hold a licence despite the fact he did not meet licensing standards.   

In response to a Member question, the driver said the marriage to his first wife had not survived. Her relationship with her father had completely broken down and she later would have problems with drugs. The driver said he had been given custody of the children following their divorce.

The Solicitor asked whether the wife had given evidence for the prosecution against the driver.

The driver said she had not.

The Solicitor asked whether the European Court prosecution was brought by the father, or by the police.

The driver said it was a private legal action and the police had no involvement in bringing the case to court.

At 10.20am, the panel retired to make its decision.

At 10.40am, the panel returned.

The Chairman read out the decision.

Decision:

The driver’s application dated 5th April 2018 is for a Private Hire/Hackney Carriage Driver’s licence.  He is already employed by Dollar/Thrifty as a delivery driver and if successful, his responsibilities could be expanded to cover all aspects of that company’s operations.

One of the questions on the Council’s application form asks applicants to list all convictions (including motoring offences) both spent and unspent and any police cautions. The driver did not complete this, but told the Licensing Officer that there had been a conviction, but that it was of a sensitive nature and he was not sure how it would be described on the DBS certificate or whether it would come up. He provided the Licensing Officer with full details of the offence and given the circumstances it was agreed that the Council would wait for the DBS certificate to come back, though the driver was advised that given the nature of the offence it was likely that his application would be referred to Committee.

The certificate disclosed two historic convictions, namely a Forgery and Counterfeiting Act conviction in January 1991 for which the driver received a conditional discharge, and  one for intercourse with a girl under 16 under S6 Sexual Offences Act 1956 dated 5th March 1999 for which he received a sentence of imprisonment of 9 months suspended over 2 years. This meant 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 driver was unable to attend a meeting with the Licensing Officer on 19  ...  view the full minutes text for item 2.

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

The drivers in relation to items four and five had not arrived for the meeting. The Chairman therefore took item six as the next item.

The Chairman introduced the Panel and explained procedure to the driver.

The Panel considered the Enforcement Officer’s report.

Members were reminded that standard 11 of the Council’s licensing standards for drivers’ states, ‘not to have had a hackney carriage and/or private hire driver’s licence revoked within the last three years.’ The driver would therefore not have met the Council’s licensing standards at the time of his application.

Members were asked to consider whether the driver remained a fit and proper person in light of his revocation from Watford Borough Council, which had occurred within the last three years, and the false statement used to obtain a licence from this authority.

The driver said he had made a mistake; he had driven taxis for the past thirteen years and had not received any complaints. He had made a false statement on his application as he was desperate for work and was providing for a disabled son and his disabled mother. He said he had only used cannabis for medicinal purposes following complications of a hair transplant he had undertaken in Turkey. He tabled a letter from his GP stating that he did not use drugs for recreational purposes and that the results of his drug tests were clear. He apologised to the panel for his mistake.

In response to a question from the Chairman, the driver said he had not re-applied for a licence at Watford Borough Council but he had been told he could reapply. He said he had not reapplied as the competition in Watford was high and working there would not be as lucrative as it had been previously. He was currently working for Luckett’s of Watford Ltd on school contract work and produced a character reference from his employer for the panel. The driver had also applied for a private hire driver’s licence with Transport for London, although this had yet to be granted.

At 11.10am, the panel retired to make its decision.

At 11.30am, 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/HC2301 dated 26^th September 2017, 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. We understand he currently works for Lucketts of Watford on school contract work.

On 18 June 2018, the Council received an email from the Business Compliance Officer at Watford Borough Council, advising us under S115 Crime and Disorder Act 1998 that the driver had had a hackney carriage licence revoked with immediate effect on 21 July 2017.

The file was immediately referred to the Enforcement Officer and Watford Council (WBC) confirmed that the driver held a dual driver’s licence from 25 August  ...  view the full minutes text for item 3.

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

Item eight was brought forward in proceedings at the request of the driver in relation to this item.

The Chairman introduced the Panel and explained procedure to the driver.

The Panel considered the Enforcement Officer’s report.

Members were asked to consider whether the driver remained a fit and proper person to hold a licence as he had breached three criteria of the Council’s licensing standards: failure to notify the Council of his change in address; failure to notify the Council of his conviction; and receiving six penalty points for a single offence.

The driver said his former employer had deliberately not informed him of the DVLA correspondence to ensure he could not go and work for a competitor. He said he could not provide his change of residence as he had moved in with a friend following his eviction and part of that agreement was he would not use the address. He also said he was unaware that he was required to inform the Council of a change of address within seven days of the move.

The Chairman asked whether the driver had read the ‘Green Book’ of rules that Uttlesford provided for drivers.

The driver said he had not.

At 12.00pm, the panel retired to make its decision.

At 12.15pm, 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/HC0696 dated 10^th August 2016, 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 31^st July 2019. We understand he currently works for West End Cars, having been dismissed from his employment with Happicabs in May 2018 as hereinafter appears.

The Council received an email on 10 May 2018, from the director of Happicabs, to advise that they had dismissed the driver after discovering that he had received six penalty points on his licence for a single offence. A subsequent Drivercheck of the driver’s licence on 06 July 2018 as part of the due diligence process revealed six current penalty points endorsed in respect of an MS90 (failure to give information as to identity of driver) which took place on 28 September 2017. The driver was convicted on 28 November 2017. The driver did not notify the Council of this conviction and is therefore in breach of his private hire/hackney carriage driver’s licence (Condition 18c) for which he is yet to be sanctioned. I return to this later.

The driver attended a meeting with the Council’s Enforcement Officer on 23 July 2018. The driver explained that he moved from Flat 20, Thorndon Court, Great Warley, Brentwood over a year ago after he was evicted, and has been staying with friends for the past year.   He never informed the DVLA, Happicabs or the Council of this change in circumstance. He moved to his current address at the beginning of  ...  view the full minutes text for item 4.

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

The Chairman introduced the Panel and explained procedure to the driver.

The Panel considered the Enforcement Officer’s report.

The driver tabled a document stating that he had booked a medical examination.

The Chairman said the panel could not determine whether the driver was medically fit, this would be determined by the medical examination, but they would consider whether the driver was a ‘fit and proper’ person in light of his attempt to cheat his previous medical examination.

The driver said he had made a mistake at the examination when the doctor had asked him to place his hand over his eye. This was not the method he was used to. At the last optician’s test he had been told his eyes were healthy.

Councillor Jones asked whether an eye patch or piece of card was offered as an alternative to his hand.

The driver said no alternative was offered.

Councillor Jones asked whether the driver had peered through his fingers in order to cheat the test.

The driver said he had.

At 1.05pm, the panel retired to make its decision.

At 1.30pm, 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 no PH/HC 1293  in accordance with S61  (1) (b) Local Government (Miscellaneous Provisions) Act 1976.- any other reasonable cause. He has been licenced in Uttlesford since 12^th August  2015 and his current licence is due to expire on 31^st July  2019. He is also the owner of a vehicle licensed by the Council under number HCV 117. His last driving role was with Sadlers.

Licensed drivers are legally obliged to produce a group 2 medical certificate when they apply for a licence and every three years after that.   The driver’s group 2 medical certificate was due to expire on 31^st July 2018 and he booked in for a new medical on 26 July 2018 at Cotswold Medicals Ltd. A doctor from Cotswold Medicals Ltd emailed the Licensing Officer on 26 July 2018, that same day, and we have a copy of that email among our papers, which have also been served upon the driver.

The Licensing Officer was advised that a doctor had conducted a medical with the driver that day but had aborted the meeting as he was cheating.   During the eye test the driver was struggling to see the smaller print and had started to look through his fingers which were meant to be covering an eye. He was made to recommence. Again, the driver was observed looking through his fingers. The doctor advised that in his opinion the driver should undergo a full sight test and that they would not offer him another medical.

The driver attended an appointment with the Licensing Officer on 30 July 2018, to complete his enhanced DBS application and supply his driver mandate form which he duly provided. The Enforcement Officer assisted the Licensing Officer in this  ...  view the full minutes text for item 5.

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

The Chairman introduced the Panel and explained procedure to the driver.

The Panel considered the Enforcement Officer’s report.

The driver’s hackney carriage/private hire licence had come before Members to consider whether the driver remained a fit and proper person to hold a licence following two breaches of the Council’s licensing standards. The driver had recieved six penalty points for a single offence (IN10 – using a vehicle unisured against third party risks) and had failed to notify the Council of the conviction.

The driver said he was unaware that he needed to inform the Council of the penalty points he had recieved on his licence.

The Chairman asked whether the driver had seen the ‘Green Book’ of rules before and had he aquainted himself with it.

The driver said he could not remember recieving the ‘Green Book’.

The Enforcement Officer asked whether the driver had received the conditions of his licence when he received his badge.

The driver said he had.

In response to a question regarding the IN10 offence, the driver said he was using his own vehicle at the time but had not aquired business insurance. He said he was unaware that this was necessary.

The Solicitor said it was the responsibility of the driver to make themselves aware of licensing standards and the law. Ignorance of the law was no defence.

At 2.10pm the panel retired to make its decision.

At 2.20pm the panel returned.

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/HC2029 dated autumn 2015, in accordance with S61  (1) (b) Local Government (Miscellaneous Provisions) Act 1976.- any other reasonable cause. This application has been deferred from 31^st July 2018 to enable the driver to attend today.

The three year licence is due to expire on 30^th April 2020 and was issued on 16^th May 2017. The driver’s last known employment was with Lucketts of Watford on school contracts but this ended in August 2017.

As part of the licensing department’s due diligence procedures, the annual check against DVLA records was carried out on the driver on 03 April 2018.   This revealed that the driver was convicted on 13 November 2017 of an SP30 offence (speeding) that occurred on 19 April 2017 for which his licence was endorsed with three penalty points.   The check also revealed that the driver had been convicted on 24 January 2018 of an IN10 offence (using a vehicle uninsured against third party risks) that occurred on 07 June 2017 for which his licence was endorsed with 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 driver’s licence within the last three years where six or more points have been endorsed in respect of a single offence.”

Additionally, licensed  ...  view the full minutes text for item 6.

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

The driver had not arrived to the meeting, nor had he responded to any correspondence sent by the Council.

The Solicitor said the case warranted to be heard in the driver’s absence as he had failed to provide a medical certificate proving he was fit to drive. The driver, therefore, was a threat to public safety.

The Panel considered the Enforcement Officer’s report.

The driver’s group 2 medical, DVLA mandate and enhanced DBS check had all expired on the 30 April 2018 and the driver had repeatedly failed to respond to the Council’s request to supply this information.

In response to a Member question, the Enforcement Officer confirmed that the Council had attempted to contact the driver by telephone, email and post. The driver had not responded to any of this correspondence.

At 2.30pm the panel retired to make its decision.

At 2.35pm the panel returned.

The Chairman read 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 no PH/HC 0942  in accordance with S61  (1) (b) Local Government (Miscellaneous Provisions) Act 1976.- any other reasonable cause. He has been licenced in Uttlesford since 20^th May 2015 and his current licence is due to expire on 30^th April 2019. His last known driving role was with Sky Transfers who surrendered their licence in June 2017.

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 and DBS check both expired on 30^th April 2018. As part of the Council’s due diligence licensed drivers are required to provide a DVLA mandate every three years, and the driver’s mandate similarly fell due on 30^th April.

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 15^th day of the month preceding the expiry of that check.

The driver was contacted in writing on 30^th April, 3^rd May and 28^th June and on the last occasion was told that if he wanted to remain licensed then he must provide these documents by 16^th July 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 Dept of Transport.”

Compliance with this standard is a legal requirement, and without a certificate we have no means of knowing whether this requirement is satisfied. This Committee considers that failure to provide an up to date medical or DBS check is a breach of  ...  view the full minutes text for item 7.

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

The driver had not arrived to the meeting, nor had he responded to any correspondence sent by the Council.

The Solicitor said the case warranted to be heard in the driver’s absence as he had failed to provide a medical certificate proving he was fit to drive. The driver, therefore, was a threat to public safety.

The panel considered the Enforcement Officer’s report.

The driver’s group 2 medical,DVLA mandate and enhanced DBS check had all expired on the 30 April 2018 and the driver had repeatedly failed to respond to the Council’s request to supply this information.

The Enforcement Officer said he had spoken to the Operations Manager of the driver’s last known employer, who confirmed that the driver was no longer in their employment. He also said the driver had moved from his previous residence and he was unaware of the driver’s new address. Failure to notify the Council of a change of address was in breach of the driver’s conditions of licence.

At 2.40pm the panel retired to make its decision.

At 2.45pm the panel returned.

The Chairman read 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 no PH/HC 0949  in accordance with S61  (1) (b) Local Government (Miscellaneous Provisions) Act 1976.- any other reasonable cause. He has been licenced in Uttlesford since 21st May 2015 and his current licence is due to expire on 30^th April 2019. His last known driving role was with 24 x 7 (Northants) Ltd who advised the Council his employment with them had ended and that he was no longer at the address the Council had for him.

Failure to notify the Council in writing within seven days of a change of address is a breach of paragraph 18a of Appendix G of the Council’s Licensing Standards.

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 and DBS check both expired on 30^th April 2018. Further, as part of the Council’s due diligence licensed drivers are required to provide a DVLA mandate every three years, and the driver’s mandate similarly fell due on 30^th April.

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 15^th day of the month preceding the expiry of that check.

The driver was contacted in writing on 13^th April, 1^st May and 28^th June and on the last occasion was told that if he wanted to remain licensed then he  ...  view the full minutes text for item 8.