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 to exclude the public and press for the following items on the grounds that they contained exempt information within the meaning of s.1 etc

To determine a Private Hire/Hackney Carriage Driver’s application.

The Licensing Officer gave a summary of the report. The applicant had 4 convictions between December 1976 and January 1981. He therefore did not meet the Council’s Licensing Standards because although the convictions were spent, an applicant must have ‘no criminal convictions for an offence of dishonesty, indecency or violence in respect of which a custodial sentence was imposed.

The applicant had supplied a statement in support of his application, explaining that when he was 17 he had fallen in with the wrong crowd and was easily led astray. A period in borstal changed his life and he had since had no convictions.

The applicant said he was sorry to have committed the offences, and that the borstal training had turned his life around.

At 10.10, the Committee retired to make its decision.

At 10.15, the Committee returned.

The decision was read to the applicant.

DECISION NOTICE

The applicant’s application dated 26^th February 2019 is for a Private Hire/Hackney Carriage Driver’s licence.  He has been driving professionally for many years, including delivering Meals on Wheels to the elderly and disabled, for a number of years and if successful today has an offer of employment with 24 x 7 Ltd doing school contract work.

The applicant’s application form refers to an enhanced DBS check certificate dated 15^th February and submitted to UDC along with his application.  Copies of both are before us. In summary, the certificate discloses  4 convictions between December 1976 and January 1981 for offences relating to taking a vehicle without consent, driving with no insurance, fraudulently using a vehicle excise licence, driving whilst disqualified and driving a motor vehicle with excess alcohol.

Conviction no 2 dated 12 May 1977 for theft led to a sentence of 3 months in a detention centre; conviction no 3 dated 9 December 1977 for taking a motor vehicle without consent led to a sentence of 3 months imprisonment, and conviction no 4 on 19 January 1981 for Burglary and Theft-(Non-Dwelling)  led to a period of Borstal training. During this latter period the applicant took advantage of the rehabilitation and training opportunities available to him and obtained a number of practical qualifications.

Though he is a rehabilitated person in respect of these offences under the Rehabilitation of Offenders Act 1974, this legislation does not apply to all situations, and included among these is the holding of Private Hire and Hackney Carriage Drivers licences. In support of his application, the applicant provided a short statement explaining the background to these matters and this is included among our papers. Since 1981, he has passed his HGV driving test and thereafter worked as a lorry driver for 6 years. In 1991 he took up a role with Ford Motor Company remaining with them for 22 years before being made redundant in 2013 when the plant was closed.

In 2014 he began work with Sodexo and ECC delivering meals on wheels throughout Essex to elderly and vulnerable people before being made redundant again in November  ...  view the full minutes text for item 2.

To determine a Private Hire/Hackney Carriage Driver's licence.

The Licensing Officer gave a summary of the report.

The applicant did not meet the Council’s licensing standards as he had convictions beween 2004 and 2008 (see background papers) relating to possession of class 3 drug, shoplifting, making off without paying, having an article with a blade in a public place, common assault, intimidating a witness and offences under the Road Traffic Act 1988. Conviction 3 in June 2007 led to a suspended prison sentence. Although the convictions were spent in accordance with the Rehabilitation 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 supplied a statement in support of his application. He explained that he had a difficult start in life including suffering sexual abuse at the age of 12 after which he got involved with the wrong people which led to him making bad decisions and getting into trouble. He expressed regret for his actions and said that the suspended sentence was a wake- up call that caused him to begin to turn his life around. He had no convictions since 2008.

At 10.25, the Committee retired to make its decision.

At 10.30, the Committee returned.

The decision was read to the applicant.

DECISION NOTICE

The applicant’s application dated 21^st February  2019 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 work.

The applicant’s application disclosed a number of convictions and a six month disqualification from driving. He also provided an enhanced DBS check obtained from Essex County Council and dated 19^th February 2019 giving rather more information.  A copy of this is before us, and it reveals 4 convictions between 2004 and 2008 relating to possession of class 3 drug, shoplifting, making off without paying, having an article with a blade in a public place, common assault, intimidating a witness and offences under the Road Traffic Act 1988. Conviction 3 in June 2007 led to a suspended prison sentence.

As a consequence the applicant 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.”

Though he is a rehabilitated person in respect of 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 supplied a statement dated 26 March to the Licensing Officer. A copy of this is before us. He explained that he had a difficult start in life including suffering sexual abuse at the age of 12 after which he got involved with  ...  view the full minutes text for item 3.

To determine a Private Hire/Hackney Carriage Driver's application.

The Enforcement Officer gave a summary of the report.

The applicant met the Council’s licensing standards for drivers. However, the Environmental Health Manager Protection had felt it necessary to refer the application to Committee because the applicant had received a Council caution for a licensing offence. This was in relation to his failure to disclose three convictions of common assault, for which he then accepted a caution for making a false statement to obtain a licence.

The applicant said he accepted that he had made a false statement, but wanted to be a taxi driver to help others. He had been a retired dentist for five years, and the cautions for assault all related to the one offence. This had been when his wife reported him for throwing a bottle of water at her. He had in fact simply intended to throw it to her. He accepted the caution so that she was not charged for wasting police time.

The applicant confirmed he still lived with his wife and that he had not been drinking at the time of the offence.

At 10.55, the Committee retired to make its decision.

At 11.20, the Committee returned.

The decision was read to the applicant.

DECISION NOTICE

The applicant’s application dated 7^th February 2019 is for a Private Hire/Hackney Carriage Driver’s licence.  If successful , he intends to carry out school contract work with 24 x 7 Ltd.

The applicant’s application disclosed a number of matters. We have a copy of this document before us.

Question 10 asks ‘Has your licence ever been endorsed for a fixed penalty offence within the last 4 years?’   The answer given was ‘yes.’

Question 12 asks ‘Have you ever been convicted of any offence (including motoring offences) including spent and unspent convictions in any Court or received a police caution?’  The applicant disclosed that he had been convicted of drink driving on 2006.   He also disclosed that he had attended a speed awareness course in 2018. However, his enhanced DBS check, also included within our papers, shows other matters, namely:-

Conviction 1 dated 14 November 2006, was for an offence of driving a motor vehicle with excess alcohol on 03 November 2006. The applicant was given a community order for 12 months, subject to a supervision requirement throughout, ordered to attend a drink impaired drivers’ programme and was ordered to do 180 hours unpaid work.   He was also disqualified from driving for 36 months and ordered to pay costs of £70.

Conviction 2 dated 28 March 2007 was for an offence of breaching a community order on 14 February 2007.   This resulted in his previous supervision order being extended by 3 months and he was ordered to pay costs of £35.

The DBS check also showed three cautions, all for common assault.   Two were issued on 08 April 2016, for offences taking place on 04 April 2016 and the other was issued on 09 April 2016, for an offence on 08 April 2016.

We are aware  ...  view the full minutes text for item 4.

To determine a Private Hire/Hackney Carriage Driver's application.

The Enforcement Officer gave a summary of the report.

The applicant met the Council’s licensing standards for drivers, however the Environmental Health Manager Protection felt it was necessary to refer the application to Committee. This was due to the applicant’s difficulty in reading and writing in English and because he had received a Council caution for a licensing offence.

This caution was in relation to making a false statement on the following question: have you ever been convicted of any offence (including motoring offences) including spent and unspent convictions in any Court or received a police caution?

On attending an interview with the Enforcement Office, the applicant said his nephew had filled in the application form for him because his written English was not good. His nephew had written ‘no’, whereas the correct answer should have been ‘yes’. The answers on the application form also failed to disclose three other penalty points. At interview the applicant said he had believed these three points had already dropped off.

The driver said he had made mistakes but was surprised this issue was confronting him now.

At 12.00, the Committee retired to make its decision.

At 12.10, the Committee returned.

The decision was read to the applicant.

DECISION NOTICE

The applicant’s application dated 8^th January 2019 is for a Private Hire/Hackney Carriage Driver’s licence.  If successful , he intends to carry out school contract work with M & S Ahmed Srv Ltd.

The applicant’s application disclosed a number of matters. We have a copy of this document before us.

Question 4 asks ‘Have you ever been refused or had revoked or suspended a hackney carriage or private hire driver’s licence?’   The answer given was ‘yes.’ This was expanded by the statement -  “dangerous driving – Stevenage Borough Council.   Revoked by Stevenage in 2005”.’

Question 10 asks ‘Have you ever been disqualified from driving or had your licence revoked?.’   The answer given here was ‘yes.’

Question 11 asks ‘Has your licence ever been endorsed for a fixed penalty offence within the last 4 years?’   The answer given was ‘yes SP30 4 points £80 fine 12/05/2018’.  

However, the applicant’s DVLA Drivercheck, also before us and dated 05 February 2019 shows that he also has another fixed penalty notice, an SP30 offence for which he was convicted on 07 June 2016 and was given three penalty points.

Question 12 then asks ‘Have you ever been convicted of any offence (including motoring offences) including spent and unspent convictions in any Court, or received a police caution?’   The answer given to this question was ‘no.’

Again, however, his enhanced DBS check, also included within our papers, shows two matters, namely:-

Conviction 1 dated 12 August 2005, was for an offence of dangerous driving on 15 January 2005. The applicant was fined £250 and disqualified from driving for 12 months;  his licence was endorsed and he was ordered to pay costs of £200.

Conviction 2 dated 24 May 2005 was for two offences: a) using a vehicle whilst uninsured  ...  view the full minutes text for item 5.

To determine a Private Hire/Hackney Carriage Driver's application.

The Enforcement Officer gave a summary of the report.

The applicant previously held a private hire/hackney carriage driver’s licence

between 20 September 2012 and 20 August 2018, when it was revoked. This was because he contacted the Licensing Officer on 24 August 2018, and explained that he had been disqualified from driving for a period of six months by Colchester Magistrates Court under the ‘totting-up’ provisions. Should a driver re-apply for a licence, it cannot be re-instated if it has been revoked and no appeal was lodged.

The applicant’s solicitor Mr Schiller contacted the Council’s solicitor on 25 March

2019, and explained that Colchester Magistrates Court overturned the allegation of driving in excess of the speed limit. This now resulted in the applicant only having three penalty points on his DVLA driving licence.

The applicant attended the Council Offices on 03 April 2019, and completed

his enhanced DBS application form. He took a new group 2 medical on 04 April 2019, which he passed successfully.

B Drinkwater said the Magistrate’s decision to overturn the allegation of driving in excess of the speed limit had changed the applicant’s circumstances, as he had never then fallen below licensing standards.

The applicant confirmed the decision had been overturned on the basis of the signage on the road having been inappropriate.

At 12.45, the Committee retired to make its decision.

At 1.15, the Committee returned.

The decision was read to the applicant.

DECISION NOTICE –

The applicant’s application dated 25^th March 2019 is for a new Private Hire/Hackney Carriage Driver’s licence.  He has been previously licenced by UDC between September 2012 and August 2018, and if successful intends to resume driving under his operators’ licence trading as J and R Cars.

He is represented before us today by Mr Drinkwater.

The applicant’s licence was revoked by the Environmental Health Manager – Commercial under his delegated powers on 30 August 2018.   The revocation was with immediate effect under section 61(2B) Local Government (Miscellaneous Provisions) Act 1976 and was because the applicant contacted the Licensing Officer on 24 August 2018, and explained that he had been disqualified from driving for a period of six months by Colchester Magistrates Court under the ‘totting-up’ provisions.  It was therefore illegal for him to drive at all.  The applicant subsequently surrendered his private hire/hackney carriage driver’s licence.

The applicant had the opportunity to appeal this revocation to the Magistrates Court within 21 days of the revocation, however, he chose not to exercise this option.  It would have been open to him to enter an appeal and ask for the hearing thereof to be adjourned pending the determination of his appeal against the substantive penalty to which he was subject.  He was at all material times in receipt of specialist legal advice so should have been made aware of this possibility. As he did not appeal, the effect of an appeal being to prolong the life of the licence, the licence no longer exists and cannot be re-instated by  ...  view the full minutes text for item 6.

To determine a Private Hire/Hackney Carriage Driver's licence.

The Enforcement Officer gave a summary of the report.

On 11 December 2018, Chelmsford City Council received a complaint about the driver who was driving in a Chelmsford City Council licensed hackney carriage vehicle on Saturday 08 December 2018. It was alleged that the driver had driven down the A1099 on the wrong carriageway to then enter the exit of the joining roundabout travelling in the wrong direction to enter Baddow Road in Chelmsford.

At interview at Chelmsford City Council, an officer asked the driver ‘did you drive crossing over onto the oncoming lane, entering the exit of the roundabout because as the roads were busy’. The driver replied “yes, the road was busy, but I could clearly see nobody was there.” The Officer asked if he was aware that he could not drive on the incorrect carriageway, nor enter an exit junction of a roundabout. The driver apparently shook his head saying “yes, it was a good night and was the first night I had made £100 already.”

As a result Chelmsford City Council suspended his hackney carriage/private hire drivers licence with immediate effect in the interest of public safety. Section 11 of the Council’s current licensing policy surrounding driver’s states a driver should not to have had ‘a hackney carriage and/or private hire driver’s licence revoked within the last 3 years.’ Therefore, the driver no longer met the Council’s licensing standards.

During a phone interview with Uttlesford District Council, the driver said the road had been clear when he committed the offence. He had been tired and the distance had only been a few metres. When asked why he did not notify the Council of the suspension of his licence by Chelmsford City Council, he stated that it was because the suspension was temporary as it was going to their Committee. He said he only found out about the revocation a couple of days before flying to Greece for surgery and so did not think to contact the Council.

The driver said the road had been clear when he committed the offence and he had not been thinking clearly due to health problems. He was sorry for his mistake.

At 1.45, the Committee retired to make its decision.

At 2.00, 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 the driver’s  joint private hire/hackney carriage licence number PH/HC1692 dated 19^th August 2016 in accordance with S61  (1) (b) Local Government (Miscellaneous Provisions) Act 1976.- any other reasonable cause. The licence is due to expire on 31^st July 2019.  He is currently employed by West End Cars, an operator holding dual licences from UDC and from Chelmsford City Council.  The driver similarly was dual licenced, but his licence number 594 issued by that authority was revoked by them on 28^th February 2019 as hereinafter appears.

On 11 December 2018, Chelmsford City Council received a complaint regarding the driver’s driving of  ...  view the full minutes text for item 7.

To determine a Private Hire/Hackney Carriage Driver's application.

The Enforcement Officer gave a summary of the report.

Question 12 of the application form asks ‘have you ever been convicted of any offence (including motoring offences) including spent and unspent convictions in any Court or received a police caution?’ The applicant had answered ‘no.’ However an enhanced Disclosure and Barring Service (DBS) check revealed three convictions.Making a false statement to obtain a licence is an offence under section 57(3) Local Government (Miscellaneous Provisions) Act 1976.

On attending an interview with the Enforcement Officer, it was noted that the applicant struggled to understand the application form and had had help from his cousin to fill it in.

The applicant said he had been experiencing financial hardship and difficulties with his ex-wife and was looking to support his son. He had misunderstood the questions on the application form. His health had not been good, but he needed to get on and work. He had a clean license at the moment.

At 2.55 the Committee retired to make its decision.

At 3.15 the Committee returned.

The decision was read to the applicant.

DECISION NOTICE –

The applicant’s application dated 29^th January 2019 is for a Private Hire/Hackney Carriage Driver’s licence.  If successful he hopes to work for 24 x 7 Ltd.

However, his application disclosed a number of matters. We have a copy of the form before us.

Question 12 of the application form asks ‘Have you ever been convicted of any offence (including motoring offences) including spent and unspent convictions in any Court or received a police caution?’   The answer given was ‘no.’

Part of the licensing process requires all drivers to undergo an enhanced Disclosure and Barring Service (DBS) check and the applicant’s check was dated 22 February 2019 and revealed a number of matters including offences of dishonesty and what are popularly known as “hate crimes”:

Conviction 1 dated 05 May 2011, is for three offences of failing to notify a change of circumstances affecting entitlement to benefit. The applicant was given a suspended imprisonment for three months suspended for 12 months, a 12 month supervision order and a five month curfew with electronic tagging.   He was also ordered to pay prosecution costs of £1469.19.

Conviction 2 dated 14 December 2011 was for a further two offences.  One offence was commission of a further offence during the operational period of a suspended sentence and the other offence was in respect of racially/religiously aggravated harassment/alarm/distress – words/writing, ie a “hate crime”.   His suspended sentence of imprisonment was extended by six months to 18 months in total, plus he was given a conditional discharge and ordered to pay costs of £45.

The final conviction on 28 August 2014 was for two offences.   One offence was commission of a further offence during the operational period of a suspended sentence and he was fined £100 for this matter.  

The other offence was making a false statement/representation to obtain benefit.   For this offence, the applicant was given a 4 month suspended prison  ...  view the full minutes text for item 8.

To determine a Private Hire/Hackney Carriage Driver's licence.

The Enforcement Officer gave a summary of the report.

The driver’s last enhanced DBS check and group 2 medical expired on 30 June 2018. The driver had also failed to produce a new DVLA driver mandate which also expired on 30 June 2018. This meant that the Council now could not check his DVLA record.

The Enforcement Officer had telephone calls with the driver who explained that he now held licences with TFL but wanted to keep his licence with Uttlesford to keep his options open.

At 3.20, the Committee retired to make its decision.

At 3.25, the Committee returned.

The decision was read to those present.

‘DECISION NOTICE –

The application before the Panel today is for the suspension or revocation of the driver’s joint private hire/hackney carriage licence no PH/HC1284  in accordance with S61  (1) (b) Local Government (Miscellaneous Provisions) Act 1976.- any other reasonable cause. He has been licenced in Uttlesford since 30^th July 2015   and his current licence is due to expire on 30^th June 2019. His last known driving role under the terms of this licence was with 24 x 7 Ltd.

We also note that according to the Licensing Department’s records, the driver is  resident at one particular address in Loughton but when he spoke recently to the Enforcement Officer he advised that he had moved home. Any such moves must be notified to the Council in writing within seven days of the move under Clause 18a of Appendix G of the Council’s Licensing Standards and this he has failed to do.

The Council requires all drivers to undergo an enhanced Disclosure and Barring Service (DBS) check, a group 2 medical examination, and to provide a DVLA mandate to allow annual scrutiny of driving records 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 has not supplied any of these documents, and all three expired on 30^th June 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 15^th day of the month preceding the expiry of that check.

The driver  was formally contacted in writing on 1^st May 2018 and again on 29^th May, and for a third time by the Enforcement Officer on 14^th January 2019 and was then told that if he wanted to remain licensed in Uttlesford then he must provide these documents by 30^th January  2019. He has not done so, but did contact the Council by telephone and said he held a TfL licence but wanted to retain his Uttlesford licence to keep his options open.

Condition 12 of Appendix A of the Council’s Licensing Standards requires drivers  ...  view the full minutes text for item 9.

To determine a Private Hire/Hackney Carriage Driver's licence.

The Enforcement Office gave a summary of the report.

The Council required all drivers to under a group 2 medical when they apply for a licence and then every three years after that. These checks assist the Council in establishing whether an applicant is a ‘fit and proper’ person to hold a licence. The driver’s last group two medical expired on 30 June 2018. Despite contact with the driver, no medical certificate had yet been received.

At 3.30, the Committee retired to make its decision.

At 3.35, the Committee returned.

The decision was read to those present.

‘DECISION NOTICE

The application before the Panel today is for the suspension or revocation of the driver’s joint private hire/hackney carriage licence no PH/HC0025  in accordance with S61  (1) (b) Local Government (Miscellaneous Provisions) Act 1976.- any other reasonable cause. He has been licenced in Uttlesford since 8^th  July 2015 and his current licence is due to expire on 30^th June 2019. His last known driving role was with 24 x & Ltd but they advise that he left their employment in November 2018.

The Council requires all drivers to undergo a group 2 medical examination.   This is a legal requirement and the driver has not supplied a medical certificate.  Reminders for medical certificates are typically sent out on the 15^th day of the month preceding the expiry of the current one, and accordingly the driver was contacted in writing on 29^th May 2018 and again on 9^th January 2019, when he  was  told that if he wanted to remain licensed then he must provide a certificate by 25^th January  2019. 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 certificate is a breach of Council policy; it is vital to establish that a driver is medically fit enough to drive.

Mindful of the paramount importance of public safety, we cannot be satisfied that the driver is a fit and proper person to hold hackney carriage and private hire licences  and we therefore revoke them, with immediate effect.

The driver has a right of appeal against this decision to the Magistrates Court, and that any such appeal must be lodged within 21 days. Normally, the revocation would come into effect following the end of the appeal period, but since the revocation is because of failure to supply a medical certificate in the interests of public safety, this period of grace will not apply. He will receive a letter from the Legal Department explaining this.

The meeting closed at 3.35.