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 paragraphs 1 and 2 part 1 of Schedule 12A of the Act.

To consider whether the individual should have their private hire/hackney carriage driver’s licence suspended or revoked.

The Licensing and Compliance Officer gave a summary of her report which requested that members determined whether the driver should have their private hire/hackney carriage driver’s licence suspended or revoked.

A representative of the driver’s employer spoke on behalf of the driver. He said that the driver had previously had a clean driving licence for 19 years. He explained the circumstances under which the driver had subsequently received six penalty points; he had been driving a private own vehicle at the time and not that of his employer. He had been passing the mobile phone to a colleague on the back seat of his vehicle.

The representative provided a very positive reference for the driver, who had worked throughout the pandemic providing a service to both children and adults in need. He had also transported NHS staff. He said that this employment was the driver’s only source of income and that he had five children in f/t education to provide for.

In response to various questions the representative said that the employer had around 500 registered drivers of which around 100 were registered with UDC. He said that there had been no court case and that the driver had accepted the six penalty points and a fine but that he had expected to receive three points.

The Council’s Solicitor said that Points 2.27 and 2.41 of the Policy were applicable but that the Panel were entitled to disallow these points.

The driver and his representative left the meeting at 10:25 am and the meeting was adjourned; the Panel retired to make its decision.

The driver and his representative re-joined the meeting at 10:50am and the meeting reconvened.

The Chair read the driver the main points of the decision notice.

DECISION NOTICE

The matter before the Panel today is an application for the review of the HC/PHV driver’s licence No PH/HC2535 held by the driver since January 2018. He drives for his employer on the Special Education Needs Transport Team and though it is they who have brought the matters before us today to our attention, as they are required to do by the terms of their operators’ licence, they support the driver and wish to retain his services. A representative of his employer has attended before us today and addressed us on behalf of the driver and he tells us that it is a wholly exceptional course of action for the company to do this.

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. We have also had the opportunity of hearing from the Case Officer and from a representative of his employer, and have read the papers before us most carefully.

On 19 September 2021 the Licensing Department  received an email from his employer notifying them that the driver had received a letter the previous day advising him that his DVLA licence  ...  view the full minutes text for item LIC3

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

The Chair said that in the absence of the driver the Panel would proceed.

The Licensing and Compliance Officer gave a summary of the report which requested that members reviewed an existing Private Hire and Hackney Carriage Driver Licence – PH/HC0141 and determined whether the individual was considered ‘fit and proper’ to continue holding the licence.

There were no questions from the Panel.

The meeting was adjourned at 11.00; the Panel retired to make its decision.

The meeting reconvened at 11.05.

DECISION NOTICE

The matter before the Panel today is an application for the review of the HC/PHV driver’s licence held by the driver. Her previous employer has brought the matters before us today to our attention, and they are required to do by the terms of their operators licence. They have already summarily dismissed her from their employment. The driver has not appeared before us today and given the seriousness of the matters before us we are proceeding in her absence.

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 she, the background documents annexed thereto including the statement of a Passenger Assistant also employed by the previous employer, who witnessed the entire incident. We have also had the opportunity of hearing from the Licensing Officer and have read the papers before us most carefully.

The facts of the case are that on 25 November 2021, the Uttlesford District Council Licensing Team were notified via email by the HR and Compliance Manager for her previous employer, of an accident and subsequent incident involving the driver.

In summary, on the previous day, the driver was travelling along Whielden Grange, Harlow, driving a Peugeot Expert motor vehicle, index WV19KNA. The driver was then informed by the PA on board, that she had forgotten to collect a child and  she therefore stopped at a junction before beginning to reverse. However, she failed to notice another vehicle behind her and collided with this car. The driver of the other vehicle then got out of her car, as did The driver. A verbal altercation took place before the driver punched the other driver in the face. This was witnessed by the Passenger Assistant, and her account is also before us. Both parties then left the scene.

The other driver subsequently contacted licensing officer David Cole at Uttlesford District Council. She stated that she had been assaulted by a licensed driver, plate number 5922 earlier that day, and that she had suffered reddening to her cheek and had reported the incident to the police (The other driver subsequently informed Mr Cole that she had told police that she did not wish to take the matter any further).

The driver informed her previous employer of the incident on the day of the incident, and the statement taken by them is before us. She was immediately suspended from work.A Gross Misconduct hearing took  ...  view the full minutes text for item LIC4