Agenda and minutes

Consideration of reports containing exempt information within the meaning of section 100I and paragraph 1 part 1 Schedule 12A Local Government Act 1972.

RESOLVED to exclude the public and press for the following items on the grounds that they contained exempt information within the meaning of s.1 etc

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

The Chairman introduced the Panel and explained procedure to the applicant.

The Licensing Officer gave a summary of the report. The applicant had disclosed a TS10 offence in 2013 and convictions between 1986 and 1994 which included ABH, GBH, criminal damage, driving without a licence, insurance and MOT, and possession of a shotgun. The applicant therefore did not meet the Council’s licensing standards for drivers as although his convictions were spent in accordance with the Rehabilitation of Offenders Act 1974, the Council’s Licensing Standards stated that an applicant must have no criminal convictions for an offence of dishonesty, indecency or violence in respect of which a custodial sentence (including a suspended custodial sentence) was imposed.

The applicant said the offences between 1986 and 1994 began when he was growing up and was in with a band of people who did not do good things. He had spiralled into a criminal life. Since then he had made an effort to correct his mistakes. He had made money, started a business met his current wife and been driving buses for a living.

At 10.25 the Committee retired to make its decision.

At 10.40 the Committee returned. The Chairman read the decision to the applicant.

DECISION NOTICE –

The applicant’s application dated 15^th November 2018 is for a Private Hire/Hackney Carriage Driver’s licence.  If successful, he has an offer of employment from 24 x 7 Ltd on school contract runs.

The applicant’s application form disclosed a 2013 TS10 motoring offence in respect of which he is a rehabilitated person. However, he also provided a supplementary sheet disclosing a number of serious historic convictions dated between1986 and 1995. An enhanced DBS certificate, a copy of which is before us, dated 11^th December 2018 supplied further details of 13 convictions, which  means that the applicant does not meet Point 5 of the Council’s Licensing Standards, which state that a driver must have:-

“No criminal convictions for an offence of dishonesty, indecency or violence in respect of which a custodial sentence (including a suspended custodial sentence) was imposed.”

The Enhanced DBS Check, under the applicant’s former name,  revealed the following matters:-

1.     6.5.86 – possession of an offensive weapon, burglary and theft, TWOC x 3, theft from the person, vehicle interference, theft from vehicle – 36 hours attendance centre x 10 to run concurrently, 12 months disqualification  – Havering JJ

2.    8.5.86 – TWOC, driving without a licence, driving without insurance, vehicle interference – 36 hours attendance centre, 12 months conditional discharge – Havering JJ

3.    9.12.86 – driving while disqualified, criminal damage, possession of a shotgun without certificate – 90 days detention centre x 3, 12 months disqualification from driving – Havering JJ

4.    3.11.87 TWOC x 2, driving whilst disqualified – 6 months Youth Custody x 3, 2 years disqualification from driving – Havering JJ

5.    27.6.88 – ABH – 3 years’ probation, costs and compensation totalling £170.00 – Havering JJ

6.    9.3.90 – GBH, ABH – 18 months imprisonment partly suspended  ...  view the full minutes text for item 2.

To determine a private hire/hackney carriage drivers licence.

The Chairman brought Item 7 forward in the proceedings. He introduced the Panel and explained procedure to the driver.

The Enforcement Officer gave a summary of the report. The driver had carried out a job and his employer had received a complaint alleging that he had been undertaking vehicles at speed and driving dangerously on the M11, while returning from dropping off a customer. He had not had a passenger in the car at the time. A speed check by the driver’s operator showed that during the outward journey with the customer, the driver had been travelling at over 70mph, and at one point reached 87mph. This matter had not been reported to the police. The Enforcement Officer noted that the speed of the driver’s vehicle had not been tracked on his return journey.

The driver said that on his outward journey with the passenger, he had slowed down when he realised he was speeding. The spike of 87mph had been on a tricky stretch of road, when he had been entering a motorway in the fast lane, and had had to speed to get onto the motorway safely.

The driver said that the reason he had swerved on his return journey was because he had turned onto a motorway and almost immediately had to exit. This had all happened quickly and he had almost missed his exit. He then noticed the car he had swerved in front of flashing his lights at him. The car continued to chase him for a couple of miles, and he had assumed it was because there was a problem with his vehicle. When he returned to his operator, the driver got them to check it over, but no issue was found, and he later found out that the driver had reported him.

B Drinkwater noted the driver was sorry for having been speeding at 87mph for a short period, although it was not illegal to speed if there were special reasons for doing so. It was also in dispute that he had driven dangerously. The driver had no speeding convictions since 2004, and only had three points on his licence.

At 11.55 the Committee retired.

At 12.50 the Committee returned.

The Chairman read the decision to the driver.

Councillor Gerard left the meeting.

DECISION NOTICE:

The application before the Panel today is for the suspension or revocation of the driver’s  joint private hire/hackney carriage licence number PH/HC2809 dated 6^th July 2018 in accordance with S61  (1) (b) Local Government (Miscellaneous Provisions) Act 1976.- any other reasonable cause. The licence is due to expire on 30^th June 2021.  He is currently employed by 24 x 7Ltd as an airport driver and the complaint before us was referred to the Council by them.

On 4^th September 2018, the driver accepted a journey from Stansted Airport.   A  complaint was made to 24x7 Limited by a third party road user that between 18.30 and 19.00 hours a vehicle subsequently identified on their systems as  ...  view the full minutes text for item 3.

To determine a private hire driver’s licence.

The driver in relation to the Item was not present and had given no notice that she intended to attend.

The Enforcement Officer gave a summary of the report.

The Council required all drivers to undergo an enhanced Disclosure and Barring Service (DBS) check and group 2 medical when they apply for a licence and  then every three years after that. The driver’s enhanced DBS check and group 2 medical had expired and the driver had not responded to attempts by the Council to contact her.

DECISION NOTICE

The application before the Panel today is for the suspension or revocation of the driver’s joint private hire/hackney carriage licence no PHD0046  in accordance with S61  (1) (b) Local Government (Miscellaneous Provisions) Act 1976.- any other reasonable cause. She has been licenced in Uttlesford since 1st September  2009 and her current licence is due to expire on 31^st August 2019. Her last known driving role was with 24 x & Ltd but she has now left their employment.

The Council requires all drivers to undergo an enhanced Disclosure and Barring Service (DBS) check, a group 2 medical examination, and to provide a DVLA mandate to allow annual scrutiny of driving records when they apply for a licence and every three years after that.   These checks assist the Council in establishing whether an individual is a ‘fit and proper’ person to hold a licence. The driver has not supplied any of these documents.

Normal practice at UDC is to send out reminder letters to drivers for DBS checks that are due to expire on the first working day of the month which precedes the month when the check expires.   The reminders for medicals are typically sent out on the 15^th day of the month preceding the expiry of that check.

The driver was contacted in writing on 11^th October 2018 and again on 20^th November 2018, and was then told that if she wanted to remain licensed then she must provide these documents by 6^th December  2018. She has not done so.

Condition 12 of Appendix A of the Council’s Licensing Standards requires drivers to meet

“…Group 2 medical standards as published by the Dept of Transport.”

Compliance with this standard is a legal requirement, and without a certificate we have no means of knowing whether this requirement is satisfied. This Committee considers that failure to provide an up to date medical or DBS check is a breach of Council policy; the checks are vital to establish that a driver is medically fit enough to drive, and has not received any criminal convictions in the period since their last DBS check. Lacking that information, and mindful of the paramount importance of public safety, we are not satisfied that the driver is a fit and proper person to hold hackney carriage and private hire licences  and therefore revoke them, with immediate effect.

The driver has a right of appeal against this decision to the Magistrates Court, and that any such  ...  view the full minutes text for item 4.

To determine a private hire/hackney carriage drivers licence.

The Chairman brought Item 6 forward in the proceedings.

The driver in relation to the Item was not present and had given no notice that she intended to attend.

The Enforcement Officer gave a summary of the report.

The Council required all drivers to undergo an enhanced Disclosure and Barring Service (DBS) check and group 2 medical when they apply for a licence and  then every three years after that. The driver’s enhanced DBS check and group 2 medical had expired and the driver had not responded to attempts by the Council to contact her.

DECISION NOTICE

The application before the Panel today is for the suspension or revocation of the driver’s joint private hire/hackney carriage licence no PH/HC 1347  in accordance with S61  (1) (b) Local Government (Miscellaneous Provisions) Act 1976.- any other reasonable cause. She has been licenced in Uttlesford since 11^th September  2015 and her current licence is due to expire on 31^st August 2019. Her last known driving role was with 24 x & Ltd but she has now left their employment.

The Council requires all drivers to undergo an enhanced Disclosure and Barring Service (DBS) check, a group 2 medical examination, and to provide a DVLA mandate to allow annual scrutiny of driving records when they apply for a licence and every three years after that.  These checks assist the Council in establishing whether an individual is a ‘fit and proper’ person to hold a licence. The driver has not supplied any of these documents.

Normal practice at UDC is to send out reminder letters to drivers for DBS checks that are due to expire on the first working day of the month which precedes the month when the check expires.   The reminders for medicals are typically sent out on the 15^th day of the month preceding the expiry of that check.

The driver was contacted in writing on 20^th November 2018 and was told that if she wanted to remain licensed then she must provide these documents by 6^th December  2018. She has not done so.

Condition 12 of Appendix A of the Council’s Licensing Standards requires drivers to meet

“…Group 2 medical standards as published by the Dept of Transport.”

Compliance with this standard is a legal requirement, and without a certificate we have no means of knowing whether this requirement is satisfied. This Committee considers that failure to provide an up to date medical or DBS check is a breach of Council policy; the checks are vital to establish that a driver is medically fit enough to drive, and has not received any criminal convictions in the period since their last DBS check. Lacking that information, and mindful of the paramount importance of public safety, we are not satisfied that the driver is a fit and proper person to hold hackney carriage and private hire licences  and therefore revoke them, with immediate effect.

The driver  has a right of appeal against this decision to the Magistrates Court, and  ...  view the full minutes text for item 5.

To determine a private hire/hackney carriage drivers licence.

The Chairman brought Item 8 forward in the proceedings.

The driver in relation to the Item was not present and had given no notice that he intended to attend.

The Enforcement Officer gave a summary of the report.

The Council required all drivers to undergo an enhanced Disclosure and Barring Service (DBS) check and group 2 medical when they apply for a licence and  then every three years after that. The driver’s enhanced DBS check and group 2 medical had expired and the driver had not responded to attempts by the Council to contact him.

DECISION NOTICE

The application before the Panel today is for the suspension or revocation of the driver’s joint private hire/hackney carriage licence no PH/HC 1355  in accordance with S61  (1) (b) Local Government (Miscellaneous Provisions) Act 1976.- any other reasonable cause. He has been licenced in Uttlesford since 15^th September  2015 and his current licence is due to expire on 31^st August 2019. His last known driving role was with 24 x & Ltd but he has now left their employment.

The Council requires all drivers to undergo an enhanced Disclosure and Barring Service (DBS) check, a group 2 medical examination, and to provide a DVLA mandate to allow annual scrutiny of driving records when they apply for a licence and every three years after that.  These checks assist the Council in establishing whether an individual is a ‘fit and proper’ person to hold a licence. The driver has not supplied any of these documents.

Normal practice at UDC is to send out reminder letters to drivers for DBS checks that are due to expire on the first working day of the month which precedes the month when the check expires.   The reminders for medicals are typically sent out on the 15^th day of the month preceding the expiry of that check.

The driver was contacted in writing on 26^th November 2018 and was told that if he wanted to remain licensed then he must provide these documents by 12^th December  2018. He has not done so.

Condition 12 of Appendix A of the Council’s Licensing Standards requires drivers to meet

“…Group 2 medical standards as published by the Dept of Transport.”

Compliance with this standard is a legal requirement, and without a certificate we have no means of knowing whether this requirement is satisfied. This Committee considers that failure to provide an up to date medical or DBS check is a breach of Council policy; the checks are vital to establish that a driver is medically fit enough to drive, and has not received any criminal convictions in the period since their last DBS check. Lacking that information, and mindful of the paramount importance of public safety, we are not satisfied that the driver is a fit and proper person to hold hackney carriage and private hire licences  and therefore revoke them, with immediate effect.

The driver has a right of appeal against this decision to the Magistrates Court, and  ...  view the full minutes text for item 6.

To determine a private hire/hackney carriage drivers licence.

The Chairman introduced the Panel and explained procedure to the driver.

The Enforcement Officer gave a summary of the report. The driver had carried out a job from Stansted Airport to Hayes. His operator received a complaint about his conduct alleging the following:

·         The driver was swaying from lane to lane and kept closing his eyes.

·         He moved his phone from his lap to the dash of the car. He had his earphones in, was watching a film and kept constantly looking away from the screen.

·         He was speeding.

A speed check by the operator showed the driver travelling over 70mph for a period of the journey, at one point reaching 85mph. Pictures supplied by the complainants showed a phone on the driver’s dashboard. In light of the complaint, Members were asked to consider the driver’s licence.

The driver said his two passengers were frustrated after a long flight which they had found distressing, and had missed their pre-booked taxi because the flight had been delayed. One of the passengers agreed to pay £143.59 for the journey, which was significantly more than the price of their pre-booked taxi, and which the other passenger believed to be too much. They had been arguing with each other in the taxi, which the driver had found distracting.

The driver said he had his phone in his lap, and then moved it to the dash, because he was using it as a SatNav. His phone holder had broken and he knew he would be able to obtain a new one from his operator when he returned to the office in the morning. He had not been swaying from side to side.

The driver said he had been a taxi driver for many years and had never had a complaint. Bad driving was not a habit of his. He could only assume the passengers had been upset about the price they were charged by the operator for a taxi.

In response to a Member question, the driver said he only had one earphone in.

In response to a Member question, the driver said drivers tended not to rely on the PDAs they were given for navigation because they were not very reliable.

B Drinkwater said the driver had taken on board the lessons he had learnt from this experience.

At 14.30 the Committee retired to make its decision.

At 15.20 the Committee returned.

The Chairman read the decision to the driver.

DECISION NOTICE:

The application before the Panel today is for the suspension or revocation of the driver’s  joint private hire/hackney carriage licence number PH/HC0957 dated 17^th June 2015 in accordance with S61  (1) (b) Local Government (Miscellaneous Provisions) Act 1976.- any other reasonable cause. The licence is due to expire on 31^st May 2019.  He is currently employed by 24 x 7Ltd as an airport driver and the complaint before us was referred to the Council by them.

On 11^th September 2018, the driver accepted a journey from Stansted Airport to  ...  view the full minutes text for item 7.