Agenda and minutes

To receive any apologies for absence and declarations of interest.

There were no apologies for absence or declarations of interest.

Councillor Reeve declared that he was a Saffron Walden Town Councillor.

Introductions were made by all.

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 and 2 part 1 of Schedule 12A of the Act.

To determine an application for a Private Hire Drivers Licence.

The Licensing Support Officer gave a summary of her report which requested that Members determine whether the applicant was suitable to hold a Private Hire Driver’s Licence.

The driver addressed the Panel and said that the criminal convictions outlined within the Officer’s report were from 10 years ago when they were going through a hard time. They were a single parent of twins, however since getting full custody of their children, they had not committed any further offenses. They had applied for a Private Hire licence in order to obtain work which was more flexible around their childcare requirements.

For transparency, Councillor Barker declared that she was an Essex County Councillor for the area where the applicant resided.

In response to questions, the applicant clarified the following:

• They were currently working at the Airport around their children’s school hours. By acquiring a taxi licence, they felt that they would then be able to obtain more work and to work longer hours when the children start secondary school in September.
• They had previously worked for 10 years as a buyer in a restaurant; however they had to give this up when they became a single parent as the hours were unsociable and not working around their childcare.
• A CS Gas canister and Class A drugs were found in a work van that they were driving, but the items did not belong to them. However, as they were in control of the vehicle, they were charged with possession of both.

Meeting adjourned at 13:10 for the Panel to retire to make their decision.

The meeting was reconvened at 13:29

DECISION NOTICE

The matter before the Panel today is an application for a new HC/PHV driver’s licence. He is employed by a company who run a Park and Ride service for the benefit of travellers out of Stansted Airport, but they have not attended before us today or otherwise actively supported him.

This hearing is called under Part II of the Local Government (Miscellaneous Provisions) Act 1976. S 51 thereof states :

51(1) Subject to the provisions of this Part of the Act, a district council shall, on the receipt of an application from any person for the grant to that person of a licence to drive private hire vehicles, grant to that person a driver’s licence:

Provided that a district council shall not grant a licence

(a)  Unless they are satisfied

(i)            That the applicant is a fit and proper person to hold a driver’s licence.

It is this we must decide today.

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 he, the background documents annexed thereto. Most important is his enhanced DBS certificate and we note that he has declared the matters set out therein in his application form. There are no new matters postdating this certificate and nor are there any entries pertaining to him on  ...  view the full minutes text for item LIC5

To review an existing Private Hire Driver’s Licence.

The Licensing and Compliance Officer gave a summary of his report which requested that Members determine whether the driver was “Fit and Proper” to continue to hold a Private Hire Driver’s Licence.

It was noted that the driver was not in attendance at the hearing, but a written statement had been submitted.

In response to questions, the Licensing and Compliance Officer clarified the following:

• The driver had not complied with Council policy twice since they received their Private Hire Driver’s Licence in October 2022.
• The first incident occurred during a multiagency taxi check outside of a school when the vehicle was not displaying any council door signs. For this, and other issues, the vehicle was suspended.
• The second offence took place outside of an Adult Day Centre where the same vehicle was not displaying any door signs or their badge; however it was in the vehicle.
• The Driver was employed in by an operator licensed by Uttlesford which held a school contract with Hertfordshire County Council. 
• The agencies involved during the initial spot check included the Police, several other Local Authorities and the DVSA.

Meeting adjourned at 13:39 for the Panel to retire to make their decision.

The meeting was reconvened at 13:56

DECISION NOTICE

The matter before the Panel today is for a review of HC/PHV driver’s licence. He is employed by an operator licensed by the Council

We consider the provisions of Part II of the Local Government (Miscellaneous Provisions) Act 1976. S 61 thereof states :

A district council may suspend or revoke a driver’s licence for:

(a)  That since the grant of the licence he has-

(i)            Been convicted of an offence involving dishonesty, indecency or violence: or

(ii)          Been convicted of an offence under or has failed to comply with the provisions of the Act of 1847 or of this part of the Act: or

(b)  Any other reasonable cause.

In the event of a licence being revoked or suspended a driver has the right of appeal to a Magistrates Court

The Driver has not attended before us today but has written into the Council. We have read that letter carefully. His licence is to be considered by us because of two identical breaches of condition taking place on 12^th January 2023 and 25th April 2023. Both incidents were witnessed by Council officers.

The facts are as follows. On Thursday 12^th January 2023 during a multiagency taxi check organised by Hertfordshire Police and attended by Mr Paul Wright an Uttlesford Licensing Compliance Officer. He was the driver of an Uttlesford licenced private hire vehicle), on which occasion the vehicle was not displaying any council door signs. For this and other issues the vehicle licence was suspended and the documentation is before us. The Driver has received copies.

On Wednesday 25^th January 2023, email correspondence was received from his employer showing that door signs were now affixed to the vehicle. They included photographs and these are within our bundle.

On Tuesday 25^{th  ...  view the full minutes text for item LIC6}

To review an existing Private Hire Driver’s Licence.

The Licensing and Compliance Officer gave a summary of his report which requested that Members determine whether the applicant was suitable to hold a Private Hire Driver’s Licence.

It was confirmed that the Driver had held a licence since 2017 and no previous incidents or complaints had been noted.

In response to questions, the Licensing and Compliance Officer clarified that the complaint before the Panel was based on an email and recordings which had been submitted by the partner of the passenger. Officers had not had any co-operation from the passenger, despite several attempts to make contact with them.

Having reviewed the recordings, the Officer felt that the passenger was offering non-committal answers but was unable to gage how they were feeling.

The Driver addressed the Panel and said that they could not remember when the incident took place, nor who the passenger was. The first time that they were made aware of the events was when they were suspended by their company.

They said that they were not racist and got along with the other taxi drivers as well as their customers.

They concluded by saying that they were sorry for wasting the Panel’s time.

In response to questions, the Driver clarified the following:

• They were suspended for two weeks and received a final written warning from their company over the incident.
• Moving forward, they were looking to install a camera in their taxi and to also moderate their language when speaking to passengers. 
• They picked up hundreds of passengers each week, so were unable to recall the specific conversation and passenger.
• The Driver could not recall a time when any passenger of theirs had exited the taxi early. They always got on with people and had never had any complaints until now.

The Driver said that they were sorry for all the work that the complaint had caused and for the time wasted.

Meeting adjourned at 14:11 for the Panel to retire to make their decision.

The meeting was reconvened at 14:42

DECISION NOTICE

The matter before the Panel today is for a review of HC/PHV driver’s licence. This matter was referred to Uttlesford by officers of Chelmsford City Council following an incident on 15^th February 2023. 

We first consider the provisions of Part II of the Local Government (Miscellaneous Provisions) Act 1976. S 51 thereof states :

51(1) Subject to the provisions of this Part of the Act, a district council shall, on the receipt of an application from any person for the grant to that person of a licence to drive private hire vehicles, grant to that person a driver’s licence:

Provided that a district council shall not grant a licence

(a)  Unless they are satisfied

(i)            That the applicant is a fit and proper person to hold a driver’s licence.

This responsibility is ongoing and whether the Driver remains a fit and proper person is what we must decide today

S61 goes on to state:

A district council may suspend or revoke  ...  view the full minutes text for item LIC7