Agenda and draft minutes

To receive any apologies for absence and declarations of interest.

There were no apologises 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 Drivers Licence.

The Legal Advisor provided clarification on Section 5 of the Officers report. She explained that whilst the application was in relation to a Home-to-School Drivers Licence, the same standards were applied as Private Hire and Hackney Carriage Drivers.

The Licensing Support Officer presented their report which requested that members determine the application for a Home to School Drivers Licence.

In response to a question from the Panel, the officer confirmed that the applicant had a job offer for a company with an Uttlesford Operator’s Licence, however they would be working on one of their satellite operations outside of the district.

The Applicant addressed the Panel and acknowledged the offences they had historically committed, which were as a result of a bad start in their early twenties. They explained that in the time since then, they had obtained licences to operate Public Service and Heavy Goods Vehicles and worked for a number of companies transporting members of the public. They also held a valid taxi licence from another Council.

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

·         The Applicant said that they were not guilty of the last offence disclosed as it was their friend in control of the vehicle, however received the conviction due to their previous record. In hindsight, they felt that they should have taken legal advice on this at the time.

·         The Applicant would be working outside of the district, in an area where they were already a licensed taxi driver. They had applied for an Uttlesford licence at the request of their employer who was an Uttlesford licenced Operator.

·         Since committing the offences, they had turned their life around by meeting their partner and having two children. They also built up a business as a car mechanic which they recently passed over to their children in order to look after their partner who required end-of-life care.

·         Following the death of their partner, they had returned to work becoming a taxi driver.

The Panel retired at 13:21 to consider their decision.

The meeting reconvened at 14:10

Decision Notice

The overriding aim of the licensing authority is to protect the safety of the public. The licensing authority is concerned to ensure:

·         That a person is a fit and proper person

·         That the person does not pose a threat to the public

·         That the public are safeguarded from dishonest person

·         The safeguarding of children and young persons

The panel were asked to consider whether the Applicant was a fit and proper person   to   hold   a   licence   despite   the   fact   that   the Applicant did   not   meet   the requirements of the Uttlesford District Council (“The Council”) published  Suitability  Policy.

Each case must be determined on its own merits.

 Meaning that it was open to the panel to depart from their policy if it was reasonable in all the circumstances to do so.

The Panel asked the Applicant appropriate questions to determine whether they were a fit and proper person to hold a Home to School Drivers Licence.  ...  view the full minutes text for item LIC51

To determine an application for a Home to School Drivers Licence.

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

The Legal Advisor provided clarification on Section 5 of the Officers report. She explained that whilst the application was in relation to a Home-to-School Drivers Licence, the same standards were applied as Private Hire and Hackney Carriage Drivers.

The were no questions raised to the officers.

The Applicant addressed the Panel and said that, until they had gone through the application process for a Home-to-School Drivers Licence, they were unaware that they had any points on their licence.

They had recently paid a fine to bailiffs, who had provided them with a court number and told them it was as a result of a driving offence; however, they did not realise that this also meant that there were points applied to their licence. Since then, they had hired vehicles, and had never been questioned about points, nor had it appeared on their DBS.

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

·         The Applicant was unaware of any incidents which occurred on the date of the offence and had not conducted any research into it. This was due to not having the time to do so, as they were working for a company supplying the NHS at the time of the Covid-19 Pandemic.

·         At the time of the conviction, they had two vehicles in their ownership, however had not loaned them out to anyone.

·         They had accepted the fine which was presented to them by the bailiffs without knowing the reason.

·         They did not recall receiving a notice requesting information as to who was driving the vehicle at the time of the alleged offence.

·         They had  moved house in 2017 whereas the offence in question was stated as having occurred in March 2020,  so any communications may have gone to the previous address.

·         They were advised not to wear a hearing aid due to anr existing medical condition, such device was said to exacerbate their medical condition.

The Panel retired at 14:36 to consider their decision.

The meeting reconvened at 14:52

Decision Notice

The overriding aim of the licensing authority is to protect the safety of the public. The licensing authority is concerned to ensure:

·         That a person is a fit and proper person

·         That the person does not pose a threat to the public

·         That the public are safeguarded from dishonest person

·         The safeguarding of children and young persons

The panel were asked to consider whether the Applicant was a fit and  proper person   to   hold   a   licence   despite   the   fact   that   the Applicant  did   not   meet   the requirements  of  the  Uttlesford District Council (“The Council”) published  Suitability  Policy.

Each case must be determined on its own merits.

Meaning that it was open to the panel to depart from their policy if it was reasonable in all the circumstances to do so.

The Panel asked the Applicant appropriate questions to determine whether they were  ...  view the full minutes text for item LIC52