Agenda and minutes

To receive any apologies for absence and declarations of interest.

There were no apologies for absence or declaration 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 and 2 part 1 of Schedule 12A of the Act.

To determine an application for a Private Hire Drivers Licence.

The Licensing and Compliance Officer presented their report which asked members to determine an application for a Private Hire Drivers Licence.

The Driver, and a representative from their prospective operator, were introduced.

In response to questions from members, the following was clarified:

·         The Driver already had an offer of employment in place, which would be subject to a six-month probation period.

·         The Driver had disclosed on their application form that they had an endorsement on their DVLA Driver licence for six penalty points in relation to a CU80 mobile phone offence. They explained that they had committed the offence whilst working for a parcel delivery company and had picked up their mobile phone to check the location of their next drop. This had been witnessed by a police officer who subsequently pulled them over and issued the charge. 

·         Prior to the most recent offence, the Driver had only been convicted once before for a speeding offence. 

·         The Driver had been a professional driver for many years and was currently driving a 7.5-ton vehicle. However, they sought to leave this role for health reason and hoped to return to their previous career as a professional chauffeur.

·         In their current employment, the Driver was provided extensive, ongoing training, which included a film comparing the impact of mobile phone offences to that of drink driving. They explained that, as a result, they understood the dangers of mobile phone use whilst driving.

A representative from the Drivers’ prospective operator addressed the Panel. They outlined the reasoning behind the company’s move from Luton Borough Council to Uttlesford District Council, which included a change in the former’s Licensing policy and the requirements of UDC being more favourable to the company’s model and needs.

They explained that they had read the Council’s Suitability policy carefully but was not aware that applicants had to wait until five years had elapsed on a CU80 conviction before they could apply for a licence with UDC. They took their role as an operator seriously by conducting bi-annual licence checks and advising their Drivers not to use the phone whilst working.

The meeting adjourned at 13:25 and reconvened at 13:38

DECISION NOTICE

The matter before the Panel today is an application for a new private hire driver’s licence. If successful the Driver has an offer of engagement. The Driver disclosed in their application form that he had an endorsement on his driving licence in respect of a CU80 mobile phone offence, for which he had received six penalty points. We are charged with determining whether he is considered ‘fit and proper’ to hold such a licence.

We start with the law, namely 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  ...  view the full minutes text for item LIC33

To determine an application for a Private Hire Drivers Licence.

The Licensing Support Officer presented their report which asked members to determine an application for a Private Hire Drivers Licence.

The Driver addressed the Panel and said that they had been previously licensed in London and kept up their licence after ceasing active driving. They had moved into the property business but had agreed to assign the business to their separation, following their separation. They now hoped to return to their career in chauffeuring.

The Driver explained that they were a Type 1 diabetic and had received an endorsement for a CU80 mobile phone offence after checking their phone for a potential fluctuation in their blood sugar levels. Since the incident, they had installed a different monitor which was connected to their watch to eliminate the requirement to check their phone.

In response to questions from members, the Driver clarified the following:

·         There was a discrepancy between the addresses on their DVLA licence and application form as they were living in rented accommodation, should they reunite with their spouse.

·         Should they obtain a Licence, the Driver hoped to become self-employed but would initially help their friend, another taxi driver, with their Private Hire work.

Meeting adjourned between 14:10 and  reconvened at 14:24

DECISION NOTICE

The matter before the Panel today is an application for a new private hire driver’s licence. We have no information as to which operator the Driver proposes to drive for if successful, he hopes to become an owner driver. In the application form, the Driver disclosed that he had an endorsement on his driving licence in respect of a CU80 mobile phone offence, for which he had received six penalty points. We are charged with determining whether he is considered ‘fit and proper’ to hold such a licence.

We start with the law, namely 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.

S61 goes on to state:

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 application being refused an applicant has the right of appeal to a Magistrates Court.

The Council has adopted the Institute of Licensing’s Guidance on determining the suitability of applicants in the hackney and private hire trades.  ...  view the full minutes text for item LIC34

To determine an application for a Private Hire and Hackney Carriage Drivers Licence.

The Licensing Officers advised the Panel that the Drivers for Agenda Item 5 and 6 were not in attendance.

The Panel agreed that the items be deferred so that the Drivers may be given another opportunity to address the Panel.

Meeting ended at 14:39