Agenda and minutes

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 100I of the Local Government Act 1972 the public be excluded for the following item 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 determine a Private Hire Drivers Licence.

The Chairman brought Item 5 forward in the proceedings.

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

The driver said that at the time of the crimes he had been charged for, he was very young and was in with a bad crowd. It was unfortunate, but he was not that person anymore. He had two children now, and had had to give up work to look after his wife. Becoming a taxi driver would get him out the house for two and a half hours a day. He was not quite at retirement age yet.

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

At 10:20, the Committee returned.

DECISION:

The application before the Panel today is one dated 3^rd October 2017 for the grant of a joint private hire/hackney carriage licence. If successful, the driver hopes to drive for 24 x &Ltd of Stansted, doing school contract work.

We have seen a detailed report together with supporting documentation which is listed herewith:-

a.    Uttlesford District Council licensing standards for drivers.

b.    The driver’s application form for the grant of a joint private hire/hackney carriage driver’s licence dated 03/10/2017.

c.    The driver’s Enhanced Disclosure and Barring Service check dated 17 October 2017.

d.    Notes from interview with the driver on 27 October 2017.

When the driver attended at the Council’s offices to complete the Right to Work formalities he brought with him an enhanced DBS certificate dated 17^th October 2017 bespoken by Essex County Council. This revealed the following matters:-

As a result of these matters, the driver does not meet paragraph 5 of Appendix A of the Council’s Licensing Standards for Drivers. 

This states:-

“No criminal convictions for an offence of dishonesty, indecency or violence in respect of which a custodial sentence (including a suspended custodial sentence) was imposed.”

He was spoken to by the Licensing Officer straight away. In particular he was asked about the July 1972 custodial sentence imposed by Woodford Crown Court.  He explained that his upbringing had been along military lines and that when they were 15 years old he and his four brothers were expected to fend for themselves. Both he and his elder brother found themselves in trouble with the police: they had  ...  view the full minutes text for item 43.

To determine a Private Hire Drivers Licence.

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

The driver said it was not in her nature to speed. She had had a clean licence for nineteen years. The incident had happened because she had braked a few seconds too late. She apologised for not informing the Council of the incident.

The Enforcement Officer asked whether the paperwork for the offence had been sent to the driver’s employer. The driver said it had, but that she had not been reminded to tell the Council by her employer.

In response to questions by members, the driver said she had only looked through the Council’s licensing policy roughly, and had not studied it in detail.

The driver apologised again. She said she enjoyed her job and did not want to jeopardise her living.

At 10:40, the Committee withdrew to make its determination.

At 11:00, the Committee returned.

DECISION:

The application before the Panel today is for the suspension or revocation of the driver’s private hire licence number PH/D0456 dated summer 2015, in accordance with S61  (1) (b) Local Government (Miscellaneous Provisions) Act 1976.- any other reasonable cause. The three year licence is due to expire on 30^th September 2018 and the driver drives for Excellent Connections Ltd t/a Fargolink, carrying out school contract work.

We have seen a detailed report together with supporting documentation which is listed herewith:-

Uttlesford District Council licensing standards for drivers.

Uttlesford District Council conditions of licence for drivers.

Certificate of caution for the driver dated 31 October 2013.

Minutes of Licensing and Environmental Health Committee dated 19 November 2013.

The driver’s signed copy of condition paperwork dated 30 September 2015.

Drivercheck of DVLA records dated 26 October 2017.

Notes of meeting with the driver dated 08 November 2017.

Map of location of speeding offence marked by the driver.

Court paperwork supplied by the driver.

The Licensing Department carries out annual DVLA checks on all licensed drivers as part of the Council’s due diligence process. The driver’s check was carried out on 26^th October 2017 and revealed a motoring offence. She had been convicted of an SP30 (Exceeding the statutory speed limit) which took place on 20^th April 2017. She pleaded guilty by post to obtain maximum sentencing discount and was convicted on 23^rd August 2017.  She received six penalty points on her licence and the financial penalty imposed was paid within a week.

Since the driver has six points upon her licence, she does not meet paragraph 2 of Appendix A of the Council’s Licensing Standards for Drivers.  This states:-

“No convictions or fixed penalty notices endorsed on a driver’s licence within the last 3 years where 6 or more points have been endorsed in respect of a single offence”

Furthermore, paragraph 18 (c) of Appendix G of the Council’s Licensing Standards requires drivers to notify UDC in writing of:-

“Any convictions, cautions or fixed penalty  ...  view the full minutes text for item 44.

To determine a Private Hire/Hackney Carriage Drivers Licence.

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

The driver said the report was incorrect to state his wife was suffering from depression. However, he did currently have depression.

The driver said he had been caught speeding driving back from Gatwick, and had paid his fine immediately. However when he received a letter that said he had not paid, he discovered he had two separate fines for two separate speeding offences committed within minutes of each other. He had received a summons to court and had gone expecting to only receive three points on his licence. Instead he had been given six points, and so his total number of points now stood at nine.

The Enforcement Officer explained that the driver had received nine points. Three were for a speeding offence and six for failure to give information as to the identityof the driver. However he should also have received another three points for the other speeding offence on the same day where he was speeding twice as referred to previously. For an unexplained reason, three points had not been added to the driver’s licence. In response, the driver said he had been told he would receive six points for the speeding offences, and another three for failure to give information as to the identity of the driver.

Councillor Gerard said that since the driver had previously committed other speeding offences, it did not seem that he was serious about rectifying this trend. The driver said he did around 30,000 miles (I thought he said more but I cannot remember) (it was 80,000 every year for the past 30 years) every year and so occasionally he had fallen foul of speed regulations. Gantries were particularly problematic for this. However he should have had another person in place to deal with administration, because his wife who typically dealt with that part of the business was currently ill.

Councillor Gerard said there were triggers from at least 2012 which could have been responded to. There had now been three instances of the driver failing to disclose information when it had been requested. This indicated the business was not being operated as it could have been. Councillor Hicks said he was concerned about the driver’s inability to understand the conditions of the licence and the expectations placed upon him.

The driver said he was under a lot of stress. Revenue had been cut dramatically by Uber and other companies. A taxi firm was a very hard business to run these days. The potential loss of his private hire licence was causing him more stress than ever.

In response to questions from Councillor Barker, the driver said his mother was now doing the administration work at the office. He could not afford to hire someone else. He had been driving the company car when caught speeding.

The driver said he had never had any complaints about his company.  ...  view the full minutes text for item 45.