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 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 requested that members determine an application for a Private Hire Drivers Licence.

There were no questions to the Officer.

The Driver addressed the Panel in support of their application. They said that they had grown up on a bad estate which had caused them to become rebellious, and later commit the crimes outlined in the report.

They provided the Panel with further detail around the background to each of the crimes that they had committed.

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

·         Since being released from prison, they have undertaken work in a warehouse and obtained a bus driver licence. It had been their own choice to leave their previous roles, rather than being dismissed.

·         They were applying to be a taxi driver as the role was term-time and they could spend more time with their children.

·         They had no previous issues with work colleagues and had a good relationship with their family.

·         If a licence was granted, they would be transporting disabled children and adults which would be chaperoned by a Personal Assistant.

·         They had already left their previous employer in the summer to apply to be a taxi driver, and was unaware that the process would take so long.

A representative from the Driver’s perspective employer confirmed that they were a UDC-licenced operator, and all their drivers were licenced with the Council.

Meeting adjourned at 14:22 and 14:48

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;
•  the person does not pose a threat to the public;
•  the public are safeguarded from dishonest person;
•  safeguarding of children and young persons.

The Licensing Panel (“The Panel”) were asked to consider whether the Applicant was a fit and proper person   to hold   a  Private Hire Driver’s  Licence   following information provided during the application process and in view of the Applicant not meeting the requirements of the Council’s published suitability policy.  

Each case must be determined on its own merits.

 Meaning that it was open to the Panel to consider and determine the Application, the Panel were able to depart from their policy if it was reasonable in all the circumstances to do so. 

The Panel considered the issue before them:

The Panel noted that the Applicant was nervous and the formal setting to which the Applicant was invited to address the Panel and sort to set the Applicant at ease.

The Panel considered the Licensing Officer report together with appendices and the oral submissions of the Licensing Officer and the Applicant (who was supported by the compliance officer of Connections).

Having taken into account the report, appendices, legislation, the Council’s Licensing Policy, Driver Conditions Policy, the Council’s Suitability Policy and Statutory guidance.

The panel had due regard to the Local Government (Miscellaneous Provisions) Act 1976 “the Act” and the guidelines relating  ...  view the full minutes text for item LIC30

To review an existing Private Hire Drivers Licence.

The Licensing and Compliance Officer presented their report which requested that the Panel review an existing Private Hire Drivers Licence.

In response to questions from the Panel, the Officer clarified that Driver’s DBS were checked every two weeks on the Council’s systems, but no new information had flagged up regarding the conviction. Furthermore, they had not received any information from the police.

The Driver addressed the Panel in support and said that they were not trying to deceive anyone. They felt that they have been treated unfairly by the Police Officer who had stopped them, and they had had been genuine about the reasons for looking at their mobile phone. They had since attempted to appeal the points.

The Driver added that due to issues in their personal life, they had moved address since the incident at believed that any notifications from the police could have gone to the old address.

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

·         They had been a licenced taxi driver for just over a year. The incident in question occurred before they were licenced, when they were in other employment.

·         The Driver had received a notification from the police some time later about the conviction, and they had tried to appeal it. No response was received to their email.

·         After moving house, the Driver did not notify the DVLA of a change of address but had contacted the Council.

·         They did not receive a fine.

·         The Driver had not attempted to check the DVLA website for details of their conviction.

Members noted the statement of support which had been provided by the Driver’s current employer.

Meeting adjourned 15:09 to 15:36

The Licensing Panel resolved to adjourn the hearing until 4 November 2024 at 2pm, so that further information may be obtained from both the Driver and Licensing Officers.

Meeting adjourned 15:40 to 15:42

To review an existing Private Hire Drivers Licence.

The Licensing and Compliance Officer presented their report which requested that the Panel review an existing Private Hire Drivers Licence.

In response to questions to the Panel, Officers confirmed that the Driver was in possession of a full Private Hire Licence.

The Driver addressed the Panel in support of their licence. They explained that they were transporting two students both to and from their college on the day of the incident. On the return journey, one student requested that the route be changed in order to be dropped off first, and the Driver handed over his personal phone for them to enter their address. Once he had established the route, he put the phone in the holder to follow the navigation. Whilst this was happening, the other student was filming the Driver without his knowledge.

He said that he deeply regretted the decision to operate his phone whilst driving and he had been a responsible driver for over 50 years. He felt that he had fallen into a trap as the students had clearly discussed the plan beforehand.

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

·         The Driver would typically follow a route preset in their navigation system and would not use their personal phone.

·         There were no suitable areas in which to pull over and enter the new address into their phone.

·         They were aware that the law stated that the use of a phone was prohibited, unless the vehicle was stationary, and the keys were removed from the ignition.

Meeting adjourned 16:00 to 16:23

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;
•  the person does not pose a threat to the public;
•  the public are safeguarded from dishonest person;
•  safeguarding of children and young persons.

The Licensing Panel (“The Panel”) were asked to consider whether the Driver was a fit and proper person to continue to hold  a  Private Hire Driver’s  Licence   following information which had come to light regarding the Driver’s conduct.  

Each case must be determined on its own merits.

 Meaning that it was open to the Panel to consider whether revocation, suspension, or no further action was appropriate with respect to the Driver’s Private Hire Driver’s licence; the Panel were able to depart from their policy if it was reasonable in all the circumstances to do so.

The Panel considered the issue before them:

having taken into account the Licensing Officer report, appendices (including images recorded on a mobile phone showing images of the Driver using a mobile phone whilst performing his duties as a school contract Driver; driving in the course of his duties and at one point driving with both hands off the steering wheel), legislation, the Council’s Licensing Policy, Driver Conditions Policy, the Council’s Suitability Policy and Statutory guidance.

The panel had due regard to the Local Government (Miscellaneous Provisions) Act 1976  ...  view the full minutes text for item LIC32