Agenda and minutes

Public Speaking: To register your intention to speak at a Council, Cabinet or Committee meeting, please contact Democratic Services on committee@uttlesford.gov.uk or 01799 510410, 510548, 510369 or 510460. Panel, Forum and Working Group meetings do not generally permit public speaking. Please refer to a specific meeting's pdf agenda pack for further information and registration deadlines.

Live Broadcast: For Council, Cabinet and Committee meetings the video player will be available on this page under the Media banner a few minutes before the meeting is due to begin. Please note that Panel, Board, Forum and Working Group meetings are not generally broadcast on the website. We believe that live streaming video of our formal decision making meetings, and publishing the recordings to be watched back later, is good for democracy – and you can find these videos on our website. This video technology sits alongside the longstanding practice of providing seats in the public gallery for members of the public and journalists to turn up and watch our in-person meetings live. Please understand that whilst we will continue to make every reasonable effort to ensure that our key public meetings at which important decisions are live streamed and recorded, any failure in that technology does not in any way invalidate the legitimacy of that meeting or of the decisions taken at it. Even in the event of such occasional technical failures, the public gallery will still have been open, as required by law, and the minutes of the meetings will still be made available in due course.

Zoom and YouTube have their own privacy and data security policies, which can be accessed at www.zoom.us and www.youtube.com.

Venue: Council Chamber - Council Offices, London Road, Saffron Walden, CB11 4ER. View directions

Contact: Democratic Services  Email: committee@uttlesford.gov.uk

Items
No. Item

LIC1

Apologies for Absence and Declarations of Interest

To receive any apologies for absence and declarations of interest.

Minutes:

There were no apologies for absence.

LIC2

Exclusion of the Public and Press

Consideration of reports containing exempt information within the meaning of section 100I and paragraph 1 part 1 Schedule 12A Local Government Act 1972.

Minutes:

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

LIC3

Determination of a Private Hire Drivers Licence Application

Members to consider an application for a  Private Hire Drivers Licence.

 

Minutes:

The Panel and Officers present introduced themselves to the driver.

 

The Solicitor clarified that Councillor Driscoll was attending the meeting for training purposes and would not participate in the meeting.

 

The Licensing Support Officer gave a summary of their report which requested that Members determine whether the applicant is considered ‘fit and proper’ to be granted a Private Hire Driver licence with this Authority.

 

In response to questions from Members the driver confirmed:

  • That they were fully rehabilitated following serving their prison sentence for theft in 1983 and have been in no subsequent trouble with the Police.
  • They have a family and were retiring next month as a scaffolding driver. The provision of this licence would enable them to boost their pension with a role ferrying disabled children to school.
  • They regretted their actions of nearly forty years ago, and mitigated their actions confirming that they had left school with no qualifications and that their father had passed away when they were young, leaving them lacking in parental guidance.

 

The driver left the meeting at 10:15am and the meeting was adjourned; the Panel retired to make its decision.

 

The driver rejoined the meeting at 10:25am and the meeting reconvened.

 

The Chair read the driver the decision notice.

 

The driver left the meeting at 10:26am.

 

DECISION NOTICE

 

The matter before the Panel today is an application for the grant of a new HC/PHV driver’s licence. If successful the applicant has an offer of employment with Reacher’s Cars.

 

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 the applicant, the background documents annexed thereto and we have had the opportunity of hearing from the Case Officer and from the applicant.

                

Briefly, the enhanced DBS certificate submitted as part of the licence application discloses a number of convictions for offences of theft, and obtaining property by deception in 1983, for which the driver served a custodial sentence. These convictions are nearly forty years old, but unfortunately, the applicant failed to declare this information on their application form. The Rehabilitation of Offenders regime does not apply to the licensing of HC/PHV drivers. Question 6 of the UDC application form clearly asks “Do you have any spent convictions?” the box ticked is “No” (copy attached).  We are entitled to take into account spent matters.

 

Clause 2.5 of the Council’s Driver Conditions policy states as follows:-

“Generally, where a person has more than one conviction this will raise serious questions about their safety and suitability. The Licensing Authority is looking for safe and suitable individuals and once a pattern or trend of repeated offending is apparent a licence will not be grated or renewed.”

 

We have heard from the Case Officer and from the applicant.

 

However, the primary function of this Committee is the protection of the travelling public. The legislation makes this clear as does the case law and all authority in the area.  ...  view the full minutes text for item LIC3

LIC4

Determination of Private Hire Driver Licence Application

To consider an application for a Private Hire Driver licence.

 

Minutes:

The driver did not attend the meeting.

 

The Senior Compliance and Licensing Officer gave a summary of their report which requested that Members determine whether the applicant is considered ‘fit and proper’ to be granted a Private Hire Driver licence with this Authority.

 

The Senior Compliance and Licensing Officer confirmed that the Green Penny training was mandatory.

 

A member of Green Penny’s staff also attended via Zoom and confirmed the accuracy of the statement contained within the documents pack.

 

The meeting was adjourned at 10:36am, the Panel retired to make its decision.

 

At 10:49am the meeting reconvened.

 

The Chair read the decision notice.

 

DECISION NOTICE

 

The matter before the Panel today is an application for a new HC/PHV driver’s licence by the applicant. The applicant`s previous licence was dated 24th May 2019 and expired on 30th April 2022. The applicant is therefore currently unlicensed and we are determining this application upon that basis. The applicant has not appeared before us today and has not responded to communications from Licensing Officers. We have also heard from the representative of Green Penny via Zoom.

 

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 the applicant, the background documents annexed thereto. We have also had the opportunity of hearing from the Licensing Officer, and from Green Penny, and have read the papers before us most carefully.

 

The facts of the case are that as part of the licence renewal process, the applicant had booked onto and attended a Green Penny driver training course on the 26 April 2022. This is a mandatory requirement on renewals. However, the Licensing Authority was subsequently contacted by Green Penny staff who advised that the applicant did not complete the course as the applicant was asked by the tutor to leave during the test. The email which contains the tutor’s statement is before us, and states that the applicant was found to be disruptive to other attendees and made attempts to fraudulently complete the test.

The applicant is here because of the latter. Cheating in tests and examinations goes to probity, particularly when it leads to the obtaining of an advantage, in this case the renewal of a drivers’ licence. Any instance of dishonesty brings into question the ‘fit and proper’ status of an applicant and this Committee is charged with the determination on whether the applicant should be granted a Private Hire Driver licence or have their application refused.

We note that following the full Licencing and Environmental Health Committee decision of 16 November 2021, the applicant would have until the 30 October 2022 to successfully complete the Green Penny driver training course as the applicant was an existing licence holder given a six month deferral period. All other application requirements have been completed, and we cannot prevent the applicant from reapplying to do the course. All we can do is provide Green Penny  ...  view the full minutes text for item LIC4

LIC5

Review of Private Hire & Hackney Carriage Driver Licence

To review an existing Private Hire & Hackney Carriage Driver licence.

Minutes:

The Panel and Officers present introduced themselves to the driver.

 

The Licensing and Compliance Officer gave a summary of the report which requested that Members determine whether the applicant is considered ‘fit and proper’ to continue holding their licence.

 

The driver confirmed;

·        They loved their job and had a great rapport with the children they transport and their parents.

·        They were sincere in their apologies and promised that the error would not be repeated.

·        They wanted to continue driving to provide continuity for the children they transport to school, some of whom have disabilities and benefit particularly from continuity of care.

 

In response to questions from Members the driver acknowledged that the children in the car or on the crossing could have been injured due to their actions.

The driver could not provide any reason for their driving errors.

 

The driver left the meeting at 11:14am and the meeting was adjourned; the Panel retired to make its decision.

 

The driver rejoined the meeting at 11:35am and the meeting reconvened.

 

The Chair read the driver the decision notice.

 

The driver left the meeting at 11:40am.

 

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. The driver is employed by 24 x & Limited on the Home to School Transport side of the business and we understand they are currently suspended from their duties and a decision regarding their future will be made following our decision today. 24 x 7 Ltd are not here today in support of the driver. The driver has appeared before us today and we have listened carefully to what they have had to say to us.

 

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 the driver, the background documents annexed thereto and viewed the video footage provided by the complainant together with the workplace disciplinary report subsequently prepared by 24 x 7. We have also had the opportunity of hearing from another Licensing Officer, the case officer being unavailable due to technical issues, and have read the papers before us most carefully.

 

The facts of the case are that on the 17 March 2022, the Uttlesford Licensing Team were in receipt of a complaint from a member of the public regarding an incident that had occurred earlier the same day. The complainant alleged that the driver of vehicle registration EU71 AXX was driving ‘’aggressively’’ on a pelican crossing where school children were crossing while on a red light in Histon, Cambridgeshire. A 49 second video clip of the incident was supplied by the complainant, and we have viewed this carefully.

Licensing Officers contacted the vehicle proprietor, 24x7 Ltd, who identified the driver. 24x7 had already asked the driver for a statement of the events and this is also before us. The video footage appears to show the vehicle intermittently moving forwards while  ...  view the full minutes text for item LIC5

LIC6

Review of a Private Hire/Hackney Carriage Driver's Licence

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

Minutes:

The Panel and Officers present introduced themselves to the driver.

 

The Senior Licensing and Compliance Officer gave a summary of their report which requested that Members determine whether the driver is considered ‘fit and proper’ to continue holding their licence.

 

The driver apologised for their actions.

 

The driver confirmed:

·        They received an urgent call from relatives in Bangladesh regarding their elderly infirm parents who were unwell with covid.

·        They have no qualifications and their partner was unwell, could not work and was dependent on the driver`s income.

·        They drew Member`s attention to their previously clean driving license and noted their forty two years in England with no convictions.

 

In response to questions from the Chair the driver confirmed that they answered the phone whilst in a queue approaching a roundabout. They told the caller they would call them back, hung up and called them back once they had parked their vehicle.

 

The driver left the meeting at 11:52am and the meeting was adjourned; the Panel retired to make its decision.

 

The driver rejoined the meeting at 12:21pm and the meeting reconvened.

 

The Chair read the driver the decision notice.

 

The driver left the meeting at 12:27pm.

 

DECISION NOTICE

 

The matter before the Panel today is an application for the review of the HC/PHV driver’s licence No PH/HC2343 held by the driver since October 2017. They drive for Happicabs and has done so for all of the time they have been licensed with the Council. They have provided a factual reference for us, which we have read carefully, but they have not attended before us today or otherwise actively supported the driver.

 

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 the driver, the background documents annexed thereto. We have also had the opportunity of hearing from the driver and from the Case Officer and have read the papers before us most carefully.

 

On 28 March 2022 the driver advised the Licensing Department by email that they had received 6 points on their licence for an offence committed in 2021. The driver explained that they had been out of the UK since January and had only returned on 25 March 2022. On 29 March they further explained that the 6 point endorsement was because they had been handling their phone whilst driving.

 

A check of the driver’s DVLA licence which was carried out on 4 April 2022 showed a conviction for a CU80 offence dated 11 February 2022 for an offence committed on 20 June 2021. When asked to explain the length of time between the offence and the conviction the driver said that they had made an on-line plea and had first received a response on 16 February. The driver informed the Licensing Department about the points when they returned to the UK at the end of March.

 

Point 2.27 of the ‘Policy on deciding the suitability of applicants  ...  view the full minutes text for item LIC6

LIC7

Review of a Private Hire/Hackney Carriage Driver`s License

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

 

Minutes:

The Panel and Officers present introduced themselves to the driver.

 

The Licensing and Compliance Officer gave a summary of their report which requested that Members determine whether the driver is considered ‘fit and proper’ to continue holding their licence.

 

The driver apologised for their lack of attention to detail.

 

The driver confirmed:

·        The tracking issue highlighted in September was an advisory, which they had resolved in a timely manner.

·        They regularly check the tread on their tyres, and that the tyres visually looked adequate.

·        They are responsible for the maintenance of the vehicle.

·        They weren`t aware that they could check the inner edge of the tyre by turning the steering wheel whilst stationary to view.

 

The Licensing and Compliance Officer confirmed that it was possible that the tread on the tyres were adequate, it was the inner edge of the tyre that was damaged.

 

The driver left the meeting at 12:41pm and the meeting was adjourned; the Panel retired to make its decision.

 

The driver rejoined the meeting at 12:51pm and the meeting reconvened.

 

The Chair read the driver the decision notice.

 

The driver left the meeting at 12:58pm.

 

DECISION NOTICE

 

The matter before the Panel today is an application for the review of the HC/PHV driver’s licence no PH/HC 1884 held by the driver and due to expire on 30th November of this year. They are a self employed driver and the owner of a Mercedes E220 hackney carriage vehicle registration number E2 SRK and licence plate number HCV 062.

 

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 the driver, the background documents annexed thereto including the inspection history of their car. We have also had the opportunity of hearing from the Licensing Officer and have read the papers before us most carefully. The driver has also appeared before us via Zoom today and we have listened to what they have had to tell us.

 

The facts of the case are that on the 23rd March 2022 the Authority received an email notification of an inspection failure report on the driver’s hackney carriage from Takeley Performance Tyre and Exhaust one of the Council’s approved garages. The report stated that the reason for the inspection failure was “Nearside and offside front tyres worn to ply cord inner edge”. A copy of this is before us.

Further examination of records pertaining to the vehicle’s history held by the Council revealed that on 21st September 2021, the driver’s vehicle passed the inspection report but with an advisory note, “Nearside rear tyre worn on inner edge nail in nearside rear tyre. Offside rear tyre tread depth low”. Again, this is before us and shows clearly the driver had notice of the potential problem.

On Wednesday 6th April 2022 the driver took part in a virtual video meeting with the Senior Compliance Officer and the  ...  view the full minutes text for item LIC7

LIC8

Review of a Private Hire/Hackney Carriage Driver`s Licence

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

 

Minutes:

The Licensing and Compliance Officer gave a summary of their report which requested that Members determine whether the driver is considered ‘fit and proper’ to continue holding their licence.

 

The driver had chosen not to attend the meeting.

 

The meeting was adjourned at 1:06pm; the Panel retired to make its decision.

 

The meeting reconvened at 1:15pm.

 

The Chair read the decision notice.

 

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. They were previously employed by 24 x & Limited on the Home to School Transport side of the business and we understand they resigned their position when faced with disciplinary action by them.

 

The driver has not appeared before us today but they have sent in a written statement. We have read this with care.

 

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 the driver, the background documents annexed thereto and viewed the video footage referred to therein. We have also had the opportunity of hearing from the Licensing Officer and have read the papers before us most carefully.

 

On 25 March 2022, the East Riding of Yorkshire Business Manager for 24/7 Ltd, received an email from a Local Authority Contracts Manager. They informed them that they had seen a 24/7 schools contract driver smoking whilst driving their vehicle, a red Kia Sportage, index EU71 FGG, on 25 March 2022. The complaint and attached documents are before us.

The employer then carried out a review of cctv footage taken from the camera located in the driver’s vehicle, intending to locate evidence of smoking offences. During this search, footage was discovered that showed the driver driving his vehicle on 07 March 2022 at speeds in excess of 100mph. A young boy can be seen sitting in the front passenger seat and is heard to comment on the speed reached by the driver. We have viewed this CCTV footage, together with further footage of the driver smoking whilst driving on 25 March 2022

The driver was spoken to by their employer on 26 March 2022 and informed that they would be suspended by 24/7 Ltd pending an investigation. They resigned on the spot, with immediate effect. These two matters are criminal offences, and Licensing Officers have referred the matter to this Panel for its determination on whether the driver remains ‘fit and proper’ to be licensed by Uttlesford District Council as a Private Hire & Hackney Carriage driver.

We have viewed the CCTV footage. We make our decisions on the balance of probabilities and we are satisfied that the conduct complained of did occur. We read what the driver had to say and observe the presence of the CCTV camera in the car would have been part of his terms and conditions of employment. Even if the camera has not been properly calibrated, the margin of error  ...  view the full minutes text for item LIC8