Agenda and minutes

Doug Perry and Barry Drinkwater spoke to the Committee. Summaries of their statements are appended to these minutes.

To consider the minutes of previous meetings held on 16 July, 31 July, 14 August and 21 August 2018.

The minutes of the previous meetings held on 16 July, 31 July, 14 August and 21 August 2018 were approved and signed by the Chairman.

Members noted that the minutes of the meeting held on 27 June 2018 had not been included in the agenda and would be taken for approval at the following Committee meeting.

To consider the Statement of Principles Gambling Act 2005 report.

The Committee considered the Statement of Principles – Gambling Act report, along with the appended Draft Statement of Gambling Policy 2018-21.

The Council’s Gambling Policy Statement allowed the Council, as a Licensing Authority, to outline the considerations it would make in determination of Gambling Act applications. This draft Policy was only for minor changes (as the existing policy had been recently revised in 2017) therefore subject to just a 6 week consultation exercise. Only one response was received to this consultation. This was from William Hill who stated that they did not agree with a full variation being required on the installation of privacy screens around gaming machines.

Members considered the Council’s draft Statement of Gambling Policy 2018-2 in light of the representation from William Hill. Members agreed with the draft of the policy document set before them, and that it should be recommended in its current form to Full Council.

                        RESOLVED to recommend to Full Council that the final draft

Statement of Gambling Policy 2018-2 be adopted.

To receive an update on Enforcement activity between April and June 2018.

Members considered the report by the Enforcement Officer. The report outlined enforcement activity undertaken by the Council between 1 April to 30 June 2018.

To receive the Environmental Health (Commercial) Activity report.

Members considered the report by the Environmental Health Manager – Commercial, summarising environmental health commercial activity between 1 January and 30 June 2018. 

To receive a verbal update on Environmental Health (Protection) activity.

The Environmental Health Manager – Protection provided a verbal update on the work of his department.

Members discussed the issue of Air Quality and, in particular, ‘bias adjustment factors’ which were used to assess whether air quality was approaching dangerous levels.

Councillor Gerard said there was particular concern regarding air quality in his Ward of Newport.

The Environmental Health Manager – Protection said he would meet with the district councillors from Newport before the end of the month to discuss this in more detail. At the Chairman’s request, he also agreed to write to Newport Parish Council to provide information on the subject of air quality.

The meeting was adjourned at 8.35pm.

The meeting was reconvened at 8.40pm.  

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

The Enforcement Officer presented his report to the Panel.

It had come to the Council’s attention that Mr Andrew Logan, a holder of a private hire/hackney carriage driver’s licence issued by this Authority, had been imprisoned for 14 months after admitting offences of threatening to damage or destroy property and causing criminal damage following an incident in Bishop’s Stortford on 23 April 2018. Mr Logan had also moved address without notifying the Council within seven days of the move, a breach of the conditions of his licence.

Members considered whether Mr Logan was a ‘fit and proper’ person to hold a private hire/hackney carriage licence as he had been imprisoned for a violent offence. 

            The Chairman read out the decision notice.

Decision Notice

The application before the Panel today is for the suspension or revocation of Mr Logan’s limited joint private hire/hackney carriage licence number PH/HC0970 in accordance with S61  (1) (b) Local Government (Miscellaneous Provisions) Act 1976.- any other reasonable cause. The licence is due to expire on 28^th February 2019.

Mr Logan was employed as a mechanic at a Council approved testing station so currently only held a restricted private hire/hackney carriage driver’s licence since  he did not transport members of the public but merely road tested the licensed vehicles, and by law only licensed drivers can drive licensed vehicles.

However, it has recently come to the Council’s attention that Mr Logan has been imprisoned for 14 months after admitting the offences of threatening to damage or destroy property and causing criminal damage following an incident in Bishops Stortford on 23 April 2018. A copy of the news reportage is before us.

Mr Logan rang up his ex-partner at 11.45pm that night telling and told her that he was two minutes away and that he had a knife and that he would ‘burn her out.’   A few hours later he arrived at the driveway of her father’s house where she was staying, and started to beep his horn and flash the lights.   He then attacked the house itself and damaged the front door. When Mr Logan was sentenced he told the recorder that ‘you will be judged too one day’ and swore at him and his former girlfriend.   When he was taken to the cells he continued to shout and punch the walls. As Mr Logan’s licence is limited, he is not required to meet the requirements of paragraphs 5-11 of Appendix A of the Council’s standards for drivers.

Furthermore, according to licensing records Mr Logan was last known to be living at 2 High View, Duton Hill, Dunmow, Essex, CM6 2DY.   However, the newspaper article indicates that Mr Logan was living at an address at Woodfields, Stansted.   Mr Logan appears to have also therefore breached one of the conditions that do apply to a limited licence, as he is required to notify the Council in writing of a change of address within seven days (condition 18a, Appendix G).  

We have read the papers before us  ...  view the full minutes text for item 7.

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

The driver had surrended his licence and there was nothing for the Committee to consider.

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

The Enforcement Officer presented his report to the Panel.

The driver had applied to this authority on 7 June 2018, for the grant of a private hire/hackney carriage driver’s licence. On the application form the driver answered ‘no’ to the question ‘have you ever been refused, or had revoked or suspended, a hackney carriage or private hire driver’s licence?’

Following a meeting with the driver, the Licensing Officer checked the licensing records and found that the driver had a previous licence suspended in 2011; the licence was then revoked by the Licensing and Environmental health Committee in 2012. Furthermore, the driver was found guilty of four offences on 14 August 2012, and found guilty on 9 April 2013 of driving a private hire vehicle without a licence.

Members considered whether the driver was a ‘fit and proper’ person to be issued a licence, in light of his failure to disclose the fact that his licence had previously been suspended and revoked. In addition, he had also failed to disclose the relevant licensing convictions on his application. 

The Chairman read the decision notice.

Decision Notice

The driver’s application dated 7^th June 2018 is for a Private Hire/Hackney Carriage Driver’s licence.  If successful, he has an offer of employment from 24 x 7 Ltd carrying out school contract work.

The Council’s standard application form asks a number of questions about an applicant’s antecedent history. A copy of the form completed by the drivers is before us and he has been provided with a copy prior to the hearing today.            

One of the questions is “Have you ever been refused or had revoked or suspended a hackney carriage or private hire driver’s licence?”

The drivers answered no to this.

Another is, “Have you ever been convicted of ANY offence (including motoring offences) including spent and unspent convictions in any Court or received a police caution?”  

The driver answered that he was convicted of drink driving in 2002 and had a 12 month disqualification which was reduced to 8 months.   He also confirmed that he had been convicted of failing to stop after an accident and he received five penalty points on his licence.

On 13 July 2018, the driver attended a right to work check with the Licensing Officer.   In this meeting the Officer went through the drivers’ paperwork and his application form.   During the meeting he was asked whether he had ever been a licensed driver before, and he stated that he had been previously licensed with Uttlesford.

After the meeting the Licensing Officer checked the department’s records and discovered that the driver previously had had a private hire/hackney carriage driver’s licence that had been revoked by this Committee.   At a subsequent meeting with the officer the driver stated that he remembered attending Committee but that his licence had elapsed and was not revoked, drivers having got caught up in problems between the driver‘s former employer and UDC.   This was noted down on the application form.

In fact, the Council’s records  ...  view the full minutes text for item 10.