Agenda and minutes

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Items
No. Item

7.

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

8.

Determination of a Private Hire/Hackney Carriage Driver's Licence - Item 5

To determine a private hire/hackney carriage driver’s licence.

Minutes:

The Committee heard the driver in relation to Item 5 had surrendered his license before the meeting.

 

9.

Determination of a Private Hire/Hackney Carriage Driver's Licence - Item 7

To determine a private hire/hackney carriage driver’s license.

Minutes:

The Committee heard this case had been deferred to allow a sufficient period of time for the driver to view the report.

 

10.

Determination of a Private Hire/Hackney Carriage Driver's Licence - Item 4

To determine a prive hire/hackney carriage driver’s licence.

Minutes:

The applicant in relation to Item 3 had not yet arrived. The committee therefore moved on to Item 4.

 

The procedure for determining private hire drivers’ licences was read to the applicant. The Committee considered the report of the Licensing Officer.

 

At the invitation of the Chairman, the applicant made a statement to the Committee. He said he needed part-time work, but the mental health sector, which was his previous area of work, was too challenging at his age. He had also run a business but this had folded due to ill-health. He was now able to work again, and the possibility of a job with 24/7 was a perfect opportunity.

 

In response to a question from Councillor Hicks, the applicant said the painkillers he was prescribed did not interfere with his driving.

 

In response to a question from Councillor Gerard, the Chairman said the applicant had travelled to Uttlesford to apply to register because 24/7 licensed all their drivers in Uttlesford.

 

In response to a question from the Chairman, the applicant explained the circumstances behind his criminal history. He had been made the manager of his own store, but had been accused of stealing, despite the incident happening when he has away on holiday. The Duty Solicitor had advised him to confess to avoid going to court. He now felt he had been set up and said he had never committed the crime.

 

The Solicitor said members needed to decide if the applicant was a fit and proper person to hold a private hire/hackney carriage driver’s license.

 

At 10:15, the committee withdrew to make its determination.

 

At 10:20, the committee returned and the report was read to the applicant.

 

 

DECISION     

 

The applicant has applied to the council for a joint private hire/hackney carriage driver’s licence.  On his application form he disclosed two convictions details of which are set out in the officer’s report.  The convictions were for the offence of theft, and possession of a class B drub.  In respect of these offences he received a range of punishments including a custodial sentence that was suspended.  By virtue of the custodial sentences for offences of dishonesty the applicant does not meet the council’s licensing standards.

 

Where an applicant does not meet licensing standards it is for the applicant to make their case that the council should depart from its policy.  Essentially the applicant must demonstrate that notwithstanding the fact that he fails to meet the council’s licensing policy he is a fit and proper person.

 

Members note that the offences were all at the lower end of the scale.  In general the nature of the sentences imposed were not severe.  The committee also note that the last offence was in 1982 and that the applicant has had no convictions of any nature since, and has had regular and responsible employment since.

 

In the circumstances, members are satisfied that the applicant is a fit and proper person and that it is therefore appropriate to make a departure from its policy.  ...  view the full minutes text for item 10.

11.

Determination of a Private Hire/Hackney Carriage Driver's Licence and a Private Hire Operator's Licence - Item 6

To determine a private hire/hackney carriage driver’s licence and a private hire operator’s licence.

Minutes:

The procedure for determining private hire drivers’ licences was read to the driver. The Committee considered the report of the Enforcement Officer.

 

At the invitation of the Chairman, the complainant in relation to Item 6 made a statement. She said the report was accurate, but could not understand how the driver could not remember the incident in question.

 

In response to a question from Councillor Hicks, the Enforcement Officer said despite the witness statements and the driver confessing to being at fault for the incident, it was not considered to be beyond reasonable doubt that he was the driver at the scene.

 

The complainant said she had been confused by the police response to the incident. She had received an email saying the driver had claimed that he was not at the incident, and then a further one saying the police would not be pursuing the case due to financial reasons. At the incident in question, the driver had made rude signs and had been driving very close behind her before forcing her off the road. She was sorry to hear he had split with his wife, but she had recently lost her mother and the impact of the incident had greatly affected her too. She had not yet received all the money she was owed and the driver had only decided to pay her two weeks ago. Her impression was he thought he had got away with it.

 

The driver said he still had no recollection of the incident, but was horrified at his behaviour. He had never denied it was him at the scene and had agreed to pay when he learnt about the incident later. There should be documentation and voice recordings to this effect. He had now split from his wife, but at the time they had been going through a difficult period. He was now having counselling. It was important that he get himself sorted out and could only apologise. When he had previously collided with a parked vehicle, he had gone out of his way to find the owner and had paid for the damage he had been responsible for. He was not the type of person to intentionally commit damage or injury.

 

In response to a question from the Chairman, the driver said he subcontracted during busy periods.

 

In response to a question from the Enforcement Officer, the complainant said bodywork damage to her car had cost £1800 to replace.

 

In response to a question from the Enforcement Officer, the driver said his work was a mixture of hackney-carriage work and pre-booked work.

 

The Solicitor said members needed to decide if the applicant was a fit and proper person to hold a private hire/hackney carriage driver’s license.

 

At the invitation of the Chairman, the driver summed up that he wanted to express deep regret for the incident.

 

At 10:50, the committee withdrew to make its determination.

 

At 11:20, the committee returned and the report was read to the driver.

 

 

DECISION     

 

The matter before  ...  view the full minutes text for item 11.

12.

Determination of a Private Hire/Hackney Carriage Driver's Licence - Item 3

To determine a private hire/hackney carriage driver’s licence.

Minutes:

The procedure for determining private hire drivers’ licences was read to the applicant. The Committee considered the report of the Licensing Officer.

 

At the invitation of the Chairman, the applicant made a statement to the Committee. He said he could not remember the incident in question, and had possibly been drinking at the time.

 

The Solicitor said members needed to decide if the applicant was a fit and proper person to hold a private hire/hackney carriage driver’s license.

 

At 11:45, the committee withdrew to make its determination.

 

At 11:50, the committee returned and the report was read to the applicant.

 

 

DECISION     

 

The applicant has applied to the council for a joint private hire/hackney carriage driver’s licence.  On his application form he disclosed two convictions details of which are set out in the officer’s report.  The convictions were for offences of dishonesty of taking a car without consent, and associated driving offence.  In respect of these offences he received a range of punishments including a custodial sentence that was suspended.  By virtue of the custodial sentences for offences of dishonesty the applicant does not meet the council’s licensing standards.

 

Where an applicant does not meet licensing standards it is for the applicant to make their case that the council should depart from its policy.  Essentially the applicant must demonstrate that notwithstanding the fact that he fails to meet the council’s licensing policy he is a fit and proper person.

 

Members note that the offences were all at the lower end of the scale.  In general the nature of the sentences imposed were not severe. The committee also note that the last offence was in 1969 and that the applicant has had no convictions of any nature since, and has had regular and responsible employment since.  In the circumstances, members are satisfied that the applicant is a fit and proper person and that it is therefore appropriate to make a departure from its policy.  The applicant will be granted a driver’s licence.

 

 

The meeting ended at 11:55.

 

 

           

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