Agenda and draft minutes

To receive any apologies for absence and declarations of interest.

There were no apologies for absence or declarations 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 Home to School Driver Licence

The Licensing Support Officer advised the Panel that the Driver for Agenda Item 3 was not in attendance. She confirmed that they had been given notice of the meeting, as well as a copy of the Agenda Pack, but she did not receive any response until the morning of the hearing when the Driver requested a further deferral due to a hospital appointment. The Driver also claimed to have not received the paperwork for the meeting.

The Legal Advisor clarified that the Driver had already received one deferment, in line with counsel custom, and it was for the Panel to now decide whether to determine the application or to offer an additional deferment.

Members emphasised the importance of the hearing date, especially after the Driver had been given a deferment six months prior due to non-attendance. They expressed disappointment in the lack of contact from the Driver with Licensing Officers and they indicated that they were minded to make a decision in their absence.

Members voted to dismiss the case.

DECISION NOTICE

The matter before the Panel today is an application for a new Home to School driver’s licence. If successful the Driver has an offer of engagement. The hearing of this application has been deferred from October 2023 to enable him to attend.

The Driver did not attend for us this afternoon. The Licensing Officer advised us that a telephone call had been received today saying that he had a hospital appointment. She outlined the lack of communication with the Council since September 2023. We  are satisfied that the Driver knew of today’s hearing and chose not to engage with the licensing process.

Accordingly we dismiss his application for non-attendance. We have not considered the merits of the application.

To determine an application for a Private Hire Drivers Licence.

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

In response to questions from the Panel, officers clarified the date of conviction for the offenses outlined in the report. 

The Driver addressed the Panel and said that the offenses in question were a mistake as a result of mixing in the wrong crowd when they were younger and that they hugely regretted it. They had been working in a public-facing role as a barber and was now looking for a fresh start. They already had an offer of employment and had passed all the necessary checks and exams.

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

·         They had been convicted of the offenses in their early 20s. Whilst they could not change the past, they were working to be a better person.

·         They had been employed as a barber for 16 years which had a lot of transferable skills to becoming a taxi driver. 

·         They had an offer of employment from an Uttlesford operator, however, would be based in Chelmsford. Officers clarified that this was permittable under law.

The meeting was adjourned between 13:27 and 13:41.

DECISION NOTICE

The matter before the Panel today is an application for a new PHV drivers licence. If successful the Driver has an offer of engagement.

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 including the application form and the DBS documentation supporting the application. We have also taken into account legislation, national and Institute of Licensing  Guidelines, and the Council’s own licensing policy, and have heard from the Case Officer and from the Driver.

Put simply, the Driver’s enhanced DBS check submitted to Uttlesford District Council Licensing Department showed that he had one serious conviction.

We are charged with determining whether the Driver is considered ‘fit and proper’ to hold an Uttlesford 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  ...  view the full minutes text for item LIC45

To determine an application for a Private Hire Drivers Licence.

The Senior Licensing and Compliance Officer presented the report which requested that members determine an application for a Private Hire Drivers Licence.

He confirmed that the Council’s Licensing Policy stated that a licence would not be granted until at least 7 years has elapsed from the conviction, which would have made the Driver eligible for a licence in 2030. However, it was within the Panel’s gift to depart from the policy, should they be minded to.

The Driver addressed the Panel and explained that they had received points on their DVLA Driver’s Licence as a result of driving their friend’s car. Both individuals had comprehensive insurance, which previously included cover to drive other vehicles, however the Driver was not aware of a change to the policy which no longer permitted this.

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

·         At the time of the offense, the Driver was unaware that their insurance policy had changed to no longer cover them to drive other vehicles.

·         The Driver always had full comprehensive insurance and had provided their screenshots of their policies to Licensing Officers. The Panel noted that the documents provided did not cover the time of the offence.

A friend of the Driver requested to address the Panel and said that they had known the Driver since childhood and that they were an honest person. The Driver had insurance for three years with the same company which allowed them to drive different vehicles. This cover changed in the third year, but the Driver had not checked. They currently worked delivering food orders, and wanted to become a taxi driver, as driving was something which they could do well.

In response to questions from the Panel, the Driver’s friend clarified that the Driver had been a working as a food delivery driver for around two years and made their deliveries on a bike.

The meeting was adjourned between 14:15 and 14:22

The matter before the Panel today is an application for a PHV driver’s licence. If successful he has an offer of engagement. He appeared before us today accompanied by a friend who we allowed to address us on his behalf.

In response to Question 5 upon the form, which asks “Do you have any endorsements on your DVLA licence?” he ticked the box marked “Yes”. He disclosed that the had six penalty points upon his licence for an IN10 offence. The incident in question took place in 2022.

We are charged with determining whether the Driver is considered ‘fit and proper’ to hold an Uttlesford 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  ...  view the full minutes text for item LIC46