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 application.

The Chairman brought Item 6 forward in proceedings for the benefit of the driver present. 

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

The Enforcement Officer gave a summary of the report.

The driver had previously held a private hire/hackney carriage driver’s licence with Uttlesford District Council from 16 February 2017 until it was revoked, due to no fault of his own, on 16 August 2018. It was revoked as he no longer met Group 2 medical standards following a heart attack.

The driver had now satisfactorily completed a new group 2 medical on 1 November 2018 and had reapplied for his licence. To grant the licence would be contrary to the Council’s licensing standards, as the driver’s licence had been revoked within the past three years. Members were reminded that they could make an exception to this policy, but would need to give clear reasons for doing so.

At 10.15, the Committee retired to make its decision.

At 10.21, the Committee returned.

The decision was read to the driver.

Decision Notice        

The driver’s application before us today dated 7^th November 2018 is for a Private Hire/Hackney Carriage Driver’s licence.  If successful, he has an offer of employment from 24 x 7 Ltd on school contract runs.

The driver previously held a licence with UDC granted on 16^th February 2017. It was revoked with immediate effect by the Environmental Health Manager (Commercial) under delegated powers on 16^th August 2018 because the driver had suffered a heart attack and was therefore medically unfit to drive.  No possible blame can attach to him.

He passed his Group 2 medical examination on 1^st November.

As the driver had his previous licence revoked in August this year, he does not meet the Council’s Licensing Standards for drivers.   Standard 11 of Appendix A reads:

‘Not to have had a hackney carriage and/or private hire driver’s licence revoked within the last 3 years.’

Clause 2.7 of the policy gives delegated authority to refuse licences where applicants do not meet the Council’s licensing standards.   Officers cannot grant a licence in such cases but if it is considered the circumstances are such that an exception to policy could be made the application may be referred to the Licensing and Environmental Health Committee for determination. This is such a case.

We have heard from the driver this morning and are pleased to note his recovery. Accordingly we grant this application, and he will receive the paperwork in due course. We wish him well.

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

The Chairman moved Item 4 forward in the proceedings because the driver was in attendance.

The Chairman introduced the Panel and explained procedure to those present.

The Licensing Officer gave a summary of the report.

The applicant had applied for the grant of a private hire/hackney carriage driver’s licence on 30 October 2018. As part of the process, the driver submitted an enhanced DBS certificate, which showed 10 convictions dating from 9 July 1965 to 13 December 1977. The applicant did not meet licensing standards due to a conviction during this time which had led to a custodial sentence.

The driver said he had turned his life around following his custodial sentence and had held down a stable job for 35 years and raised a family. He had retired earlier this year but now wanted to go back to work as a taxi driver so he could continue to contribute to the community.

Members were asked to consider whether the driver was a ‘fit and proper person’ to hold a licence despite not meeting the Council’s licensing standards.

At 10.35, the Committee retired to make its decision.

At 10.45, the Committee returned.

The decision was read to the driver.

Decision Notice

The driver’s application dated 30^th October 2018 is for a Private Hire/Hackney Carriage Applicant’s licence.  If successful, he has an offer of employment from 24 x 7 Ltd.

The driver’s application disclosed a 1990 speeding offence in respect of which he is a rehabilitated person. However, an enhanced DBS check obtained by 24 x 7 which he handed to the Council also disclosed ten historic convictions upon dates between 1965 and 1972, some of which were juvenile offences. The certificate was dated 11^th October  2018 and confirms that the applicant does not meet Point 5 of the Council’s Licensing Standards, which 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 Enhanced DBS Check revealed the following matters:-

1.  9/7/65 – Larceny – Conditional Discharge – Islington JJ
2. 26/8/66 – Larceny – Attendance – Islington JJ
3. 27/10/69 – Theft – Fined £5.00 – Billericay JJ
4. 16/6/70 – TWOC, no driving licence, no insurance – 2 years probation/2 year disqualification – Southend Borough JJ
5. 11.10.71 – Theft – Fined £50.00 – Billericay JJ
6. 31/8/72 – TWOC, no licence, no insurance – 12 months disqualification, fined £50 – Thames JJ.
7. 1/9/72 – obtaining a pecuniary advantage by deception – fined £75, plus legal aid contribution and costs – Southend Borough JJ
8. 16/11/72 – theft x 1, burglary and theft x 2 – Borstal training – Southend Crown Court
9. 4/8/76 – ABH, TWOC, no insurance, failure to provide a specimen, minor road traffic offence x 2 – 120 hours community service, 12 months disqualification, £75 fine and costs – Rochford JJ.
10. 13/12/77 – minor road traffic offence x 2, driving whilst disqualified, no insurance –  ...  view the full minutes text for item 3.

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

The Chairman introduced the Panel and explained procedure to the applicant and his representative.

The Enforcement Officer summarised the report for the Committee’s consideration.

The driver had held a private hire/hackney carriage driver’s licence with Uttlesford District Council since 13 August 2015. Following a recent DVLA drivercheck, officers revealed that the driver had two offences which had not been disclosed to the Council. These were:

·         IN10 offence (using a vehicle without insurance) on 10 October 2017. He was convicted on 12 March 2018 and his licence was endorsed withsix penalty points.

·         TS20 offence (failing to comply with double white lines) on 22 February 2018. He was convicted on 04 August 2018 and his licence wasendorsed with three penalty points.

As well as breaching the conditions of his licence due to non-disclosure of offences, he was also in breach of licensing standards as he had received six penalty points for the IN10 offence. As the driver no longer met the Council’s licensing standards, it was for the Committee to consider whether the driver remained a fit and proper person to retain a licence.

Mr Drinkwater, on behalf of the driver, said both offences had occurred during a difficult period in the driver’s life and whilst he was not living in his family home. Prior to these offences, the driver had maintained a clean licence for over twenty years. In mitigation, the IN10 was incurred because the driver had changed his private vehicle’s number plate without informing the insurance company (he had, however, informed the DVLA) and, by doing so, had invalidated his existing insurance. Mr Drinkwater said this was an administrative error and not a nefarious attempt to undermine the law. 

The driver addressed the Committee. He said he was very sorry for the offences and for not notifying the Council. His life was now in a far better place and he had learnt from his mistakes; he said he was now fully aware of the terms and conditions of his licence. 

Two employer references were tabled for the Committee’s consideration. Mr Drinkwater affirmed that the driver’s employer were very keen to retain his services. 

At 11.40, the Committee retired to make its decision.

At 12.30, the Committee returned.

The decision was read to the driver.

Decision Notice

The application before the Panel today is for the suspension or revocation of a driver’s  joint private hire/hackney carriage licence number PH/HC1296 dated  13^th August 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 31^st July 2019. The driver works for 24 x 7 Ltd on the airport side of their operations but he has told us today that he hopes to move onto full time school contract work.

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,  ...  view the full minutes text for item 4.

To determine a private hire operator’s licence.

The Chairman proposed to move the meeting back into the public domain. The Committee agreed.

The Operator had not attended the meeting, nor had he responded to any correspondence from the Enforcement Officer.

The Committee considered the Enforcement Officer’s report.

Stansted Airport Cars held a private hire operator’s licence which was due to expire on 31 August 2021 but records indicated that the operator did not have any licensed vehicles in operation. In addition, a search of Companies House showed that the company was dissolved on 20 February 2018.

On the 7 November 2018, the Enforcement Officer carried out visits to both the residential and business addresses of the Operator. At both addresses it was clear that the Operator had moved on without notifying the Council of a change in address. This was in breach of the Council’s licensing conditions.

Furthermore, the Operator’s DBS check had expired on 31 October 2018 and he had failed to supply a new one. 

Members were asked to consider whether the Operator remained a fit and proper person having failed to comply with the conditions of his licence.

At 12.40, the Committee retired to make its decision.

At 12.50, the Committee returned.

The Chairman read the decision notice.

Decision Notice

The application before the Panel today is for the suspension or revocation of Stansted Airport Cars Ltd’s private hire operator’s licence number PH0048 dated 12^th September 2016, in accordance with S62 Local Government (Miscellaneous Provisions) Act 1976.- any other reasonable cause. The three year licence is due to expire on 31st August 2021. The registered office of the company was 12 Stansted House, Stansted Business Park, Stansted CM24 1AE and the holder of the operator’s licence was one Donald Wright who ceased to hold a driver’s licence on 31^st October. Records show that the company does not hold any vehicle licences and was last known to have two drivers: however, the nature of the industry is such that working arrangements are casual and many licensed drivers do not notify the Council when they change workplace.

We have had the opportunity of reading the officer’s report in this case, together with Uttlesford District Council’s licensing standards for operators and a bundle of documents from Companies House showing Stansted Airport Cars Ltd was dissolved on 20^th February 2018.  The dissolution of a company is the equivalent of the death of a natural person and we note that Mr Wright was the sole director and shareholder of this company. We are satisfied on the balance of probabilities that the limited company was an alter ego for Mr Wright and that the reality is that they were one and the same.

The Enforcement Officer made a number of enquiries. Mr Wright was liable for business rates at 12a Stansted House, Stansted Business Park, Stansted, Essex, CM24 1AE between 2 September 2016 to 30 May 2017.   No change of address has ever been notified. Accordingly on 07 November 2018, the Enforcement Officer carried out  ...  view the full minutes text for item 5.