Agenda and minutes

To receive any apologies for absence and declarations of interest.

There were no apologies for absence or declarations of interest.

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 1001 of the Local Government Act 1972, the public be excluded for the following items of business on the grounds that it involved the likely disclosure of exempt information as defined in paragraph 1 part 1 of Schedule 12A of the Act.

To determine a review of a Private Hire & Hackney Carriage Driver Licence.

The Chair asked the driver if he was content to continue despite the late issue of his documents. The driver confirmed that he was content to proceed.

The Panel and Officers present introduced themselves to the driver.

The Licensing and Compliance Officer gave a summary of his report which requested that members determined a review of the driver`s Private Hire/ Hackney Carriage Driver Licence.

In response to questions from Members the Licensing and Compliance Officer confirmed;

• That the damage to the tyres could have been caused by a balancing issue.
• The damage to the tyres was not ordinarily visible while the wheel was in the usual position.
• The photographs provided within the agenda pack were the documents referred to as B1, B2 and B3 within the report.

The driver confirmed that he had nothing further to add.

In response to questions from Members the driver confirmed;

• No further action had been taken by The Police or other parties following the incident.
• No points were added to the driver`s license as a result of the incident.
• The driver returned to work as a taxi driver two months after the incident following treatment for Post Traumatic Stress Disorder.
• The driver had volunteered to become a school driver post covid as a result of lack of work from his usual source, Stansted Airport. He had worked as a taxi driver sporadically for four years, currently three of four days a week.
• His employer confirmed that the vehicle was his responsibility once he collected it but was the employer`s property.
• The driver checked the vehicle visually when he collected it on Monday morning and admitted that he did not check it every day. The driver reported issues to his employer that arose from his weekly inspections and took action to rectify issues such as a flat tyre.
• The driver lived in Epping and collected the specific taxi in question from Stansted Airport daily to do the school run, returned the taxi to the Airport, and collected it again later in the day to complete the after school run. The taxi was under the control of the employer most of the time.
• The employer undertook vehicle checks at the end of each term, which was evidenced by the driver noticing changes within the vehicle when he returned after a break.
• The driver did not know the mileage of the vehicle.
• The driver apologised that the incident occurred and noted his remorse that his passengers were put at risk.

The driver left the meeting at 10:19am and the meeting was adjourned; the Panel retired to make its decision.

The driver rejoined the meeting at 10:50am and the meeting reconvened.

The Chair read the driver the decision notice.

The driver left the meeting at 10:52am.

DECISION NOTICE

The matter before the Panel today is an application for the review of the driver’s joint hackney carriage/PHV driver’s licence reference PH/HC4808. The driver is employed as a Home to School Transport (HtST) driver. This is a hybrid  ...  view the full minutes text for item LIC22

To determine an application for a Private Hire/Hackney Carriage Drivers Licence.

The Chair asked the applicant if he was content to continue despite the late issue of his documents. The applicant confirmed that he was content to proceed.

The Panel and Officers present introduced themselves to the applicant.

The Licensing and Compliance Officer gave a summary of her report which requested that members considered a Review of a Private Hire and Hackney Carriage Driver Licence.

In response to questions from Members the Licensing and Compliance Officer confirmed;

• The Driver License Application Form submitted was signed by the applicant and that the two signatures required within the document looked reasonably similar.
• It was necessary for an applicant to sign the Driver License Application Form.

In response to questions from Members the applicant confirmed;

• The applicant did not complete the form.
• If the applicant had completed the form he would have declared the previous conviction as he was not dishonest.
• The applicant confirmed that he had informed the operator of his penalty points and explained that the operator also had access to the DVLA site and had the ability to check their employees records.
• The applicant said that he was told to sign the blank form and that he did not see the completed form. He confirmed that the signatures dated 23/12/2021 on pages 4 and 5 of the application form were his signatures and noted that his signature was rarely identical.
• The applicant said that the operator wanted the forms completed as quickly as possible.
• The operator had apologised for the oversight in inaccurately completing the form on the applicant’s behalf.
• On the day the form was signed four other drivers were present and also signed blank forms.
• The applicant had worked for the operator since August 2021 and was previously a Public Service Vehicle driver working with buses.

The applicant left the meeting at 11:06 and the meeting was adjourned; the Panel retired to make its decision.

The meeting reconvened at 11:18.

The Chair confirmed that the Panel had resolved to grant the applicant his license.

There was a unanimous vote to grant him a license and to write to the operator.

DECISION NOTICE

The matter before the Panel today is an application for the grant of a new HC/PHV driver’s licence to the applicant. If successful he has an offer of employment as a Home to School Transport (HtST) driver. This is a hybrid hearing with the Panel, and our Legal Advisor in the Council Chamber at London Road and the other parties, including the applicant, attending remotely. Due to a clerical error he did not receive the paperwork timeously but has agreed to deal with the matter on abridged notice.

We have had the opportunity of reading the officer’s report in this case, a copy of which has been served on the applicant, and we have also seen, as has he, the background documents annexed thereto and we have had the opportunity of hearing from the Case Officer and from the applicant.

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Briefly, the Drivercheck report  ...  view the full minutes text for item LIC23