Agenda and draft minutes

To receive any apologies for absence and declarations of interest.

Apologies were received from Councillor Barker, who was substituted by Councillor Moran. There were no 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 part 1 of Schedule 12A of the Act.

To review a Private Hire Taxi License

The Licensing Officer joined the meeting at 10.06am.

The Driver was unable to attend the panel due to the distance the meeting place was from his residence. The Panel decided to proceed with the hearing in their absence since this issue could not be addressed by adjourning the meeting to a later date.

The Licensing Officer presented the report which requested members determine a review of a Private Hire Driver’s License.

The Driver provided a written statement in support of their license review, which was read aloud to members.

In response to questions from members, the Licensing Officer Clarified: -

• The Driver said they were unaware they were required to inform the Council of any points added to their license, although this was a standard condition of the license to which he had agreed to
• The Driver was insured with the company 24/7
• He was unable to determine the DVLA’s criteria for the high-risk label on the Driver’s report, but confirmed they had no recorded health issues.
• Private Hire Driver’s License applications were filled out by the Driver directly with Council licensing staff.
• He was content that the Driver had signed the application form having spoken to them over the phone.
• The Driver had three points on their DVLA license before applying for a Private Hire Driver’s License

Meeting adjourned between 10.21 and 10.29.

DECISION NOTICE

The overriding aim of the licensing authority is to protect the safety of the public. The licensing authority is concerned to ensure that:

•  a person is a fit and proper person;
•  the person does not pose a threat to the public;
•  the public are safeguarded from dishonest person;
•  safeguarding of children and young persons.

The Licensing Panel (“The Panel”) were asked to consider whether the Driver was a fit and proper person   to continue to hold  a  Home to School Licence   following information which had come to light regarding the Driver’s conduct; more specifically:

following an annual UDC driving licence check it was discovered that the Driver had a total of 12 points on his DVLA driving licence, accrued for 4 separate speeding offences committed between 9/12/23 and 8/7/24.   In addition, the Driver had failed to inform UDC of the three speeding convictions received since they had been  licensed by UDC.

Each case must be determined on its own merits.

 Meaning that it was open to the Panel to consider whether revocation, suspension, or no further action was appropriate with respect to the Driver’s Home to School licence; the Panel were able to depart from their policy if it was reasonable in all the circumstances to do so.

The Panel considered the issue before them:

Preliminary issue:

The Driver having received the Licensing Officer report and appendices and having actual knowledge of the date, time and venue of the Panel hearing was not in attendance.

 The Driver having verbally communicated that they would not be in attendance due to the distance between their home address and the Panel location.

The Driver having already indicated  ...  view the full minutes text for item LIC60

To review a Private Hire/ Hackney Carriage Drivers License

The Licensing Officer presented the report which requested that members determine the review of a Private Hire/Hackney Carriage Driver’s License. He said: -

• The Driver’s License had been issued in April 2024, the year before the meeting
• The Driver was the director of the taxi company they worked for and had a general duty to exercise caution and care
• The Driver had had multiple (3) speeding offenses in the past two years

In response to questions from members, the Licensing Officer said: -

• The Driver had taken the proficiency test they were required to take following an offense as requested in May 2021 and since taken a second proficiency test
• The Driver informed the Council of all the points on their license as they were acquired

In response to questions from members, the Driver said: -

• They had taken the second proficiency test and sent a copy of the certificate to officers. They produced a physical copy of the certificate at the meeting
• They had been a professional chauffer for 40 years
• They accepted that they had broken the law
• They had never lost a client
• They were willing to take a further test if required
• Their private hire license was essential to their business, which they had started in January 2020
• They were a sole trader
• One of their offenses was driving at 24 mph at 3am in Hackney Marshes, which they did not feel to be reckless driving
• They had never had an accident or been disqualified
• They had informed their insurance company of the speeding tickets which had had no impact

 The meeting was adjourned between 11.50 and 11.08 for members to discuss their decision.

 DECISION NOTICE

The overriding aim of the licensing authority is to protect the safety of the public. The licensing authority is concerned to ensure that:

•  a person is a fit and proper person;
•  the person does not pose a threat to the public;
•  the public are safeguarded from dishonest person;
•  safeguarding of children and young persons.

The Licensing Panel (“The Panel”) were asked to consider whether the Driver was a fit and proper person   to continue to hold  a combined Hackney Carriage/Private Hire Driver Licence    following information which had come to light regarding the Driver’s conduct; more specifically:

following an annual UDC driving licence check, it was discovered that the Driver had a total of 9 points on his DVLA driving licence. Whilst this figure would normally trigger a

requirement that the Driver take a proficiency test as required at Para 2.23

of Appendix 1 of the suitability guidelines of the UDC licensing policy, which

states:

 ‘For licence holders who have accumulated 9 or more points on their

DVLA drivers licence they are required to pass the Council approved driving

test.’

Whereas the Driver was required to take a proficiency

test in May 2021, after he was found to have reached 9 points on his DVLA

driving licence. Since then, he has received a further 9 points.

Each case must be  ...  view the full minutes text for item LIC61

To review a Private Hire Taxi License

The Driver was not in attendance. The Licensing Officer explained that the Driver had informed the Council they were no longer working as a taxi driver. However, the license could not be terminated until the Driver formally surrendered the physical license, which they had not done by the time of the meeting. The Driver had been informed that failing to do so would result in the case coming before the Panel. The Panel therefore decided to proceed in the Driver’s absence.

The Licensing Officer presented the report which requested members to determine the outcome of a review of a Private Hire Taxi License.

In response to questions from members, the Licensing Officer said : -

• The proficiency test Drivers were required to complete following a traffic violation was the same as a standard taxi assessment
• The Driver had not declared at least three points on their DVLA license and had an outstanding speeding offense that had not yet come to court when they received their Private Hire Taxi License
• The last check had been on the 10^th March 2025, which was part of an annual check, however there could be a delay in some of the details.

The Meeting was adjourned between 11.34 and 11.42 for members to discuss their decision.

DECISION NOTICE

The overriding aim of the licensing authority is to protect the safety of the public. The licensing authority is concerned to ensure that:

•  a person is a fit and proper person;
•  the person does not pose a threat to the public;
•  the public are safeguarded from dishonest person;
•  safeguarding of children and young persons.

The Licensing Panel (“The Panel”) were asked to consider whether the Driver was a fit and proper person   to continue to hold  a  Home to School Licence   following information which had come to light regarding the Driver’s conduct; more specifically:

following an annual UDC driving licence check, it was discovered that the Driver had accrued a  further 3 points on his driving licence on 22/01/2024, having been convicted of the offence of exceeding statutory speed limit on public road, to the existing 6 points from 28/09/2022, totalling their current points to 9 points.

The Driver failed to inform UDC of the latest endorsements.

Each case must be determined on its own merits.

 Meaning that it was open to the Panel to consider whether revocation, suspension, or no further action was appropriate with respect to the Driver’s Home to School licence; the Panel were able to depart from their policy if it was reasonable in all the circumstances to do so.

The Panel considered the issue before them:

Preliminary issue:

The Driver having received the Licensing Officer report and appendices and having actual knowledge of the date, time and venue of the Panel hearing was not in attendance.

Notwithstanding that the Driver had communicated to the Licensing Officer their intention to surrender their Driver’s Licence, in the absence of formal surrender the Panel decided to proceed in the absence of the Driver.

 The  ...  view the full minutes text for item LIC62