Agenda item

To consider an application for a Private Hire Driver licence.

The driver did not attend the meeting.

The Senior Compliance and Licensing Officer gave a summary of their report which requested that Members determine whether the applicant is considered ‘fit and proper’ to be granted a Private Hire Driver licence with this Authority.

The Senior Compliance and Licensing Officer confirmed that the Green Penny training was mandatory.

A member of Green Penny’s staff also attended via Zoom and confirmed the accuracy of the statement contained within the documents pack.

The meeting was adjourned at 10:36am, the Panel retired to make its decision.

At 10:49am the meeting reconvened.

The Chair read the decision notice.

DECISION NOTICE

The matter before the Panel today is an application for a new HC/PHV driver’s licence by the applicant. The applicant`s previous licence was dated 24^th May 2019 and expired on 30^th April 2022. The applicant is therefore currently unlicensed and we are determining this application upon that basis. The applicant has not appeared before us today and has not responded to communications from Licensing Officers. We have also heard from the representative of Green Penny via Zoom.

We have had the opportunity of reading the officer’s report in this case, a copy of which has been served on the applicant and we have also seen, as has the applicant, the background documents annexed thereto. We have also had the opportunity of hearing from the Licensing Officer, and from Green Penny, and have read the papers before us most carefully.

The facts of the case are that as part of the licence renewal process, the applicant had booked onto and attended a Green Penny driver training course on the 26 April 2022. This is a mandatory requirement on renewals. However, the Licensing Authority was subsequently contacted by Green Penny staff who advised that the applicant did not complete the course as the applicant was asked by the tutor to leave during the test. The email which contains the tutor’s statement is before us, and states that the applicant was found to be disruptive to other attendees and made attempts to fraudulently complete the test.

The applicant is here because of the latter. Cheating in tests and examinations goes to probity, particularly when it leads to the obtaining of an advantage, in this case the renewal of a drivers’ licence. Any instance of dishonesty brings into question the ‘fit and proper’ status of an applicant and this Committee is charged with the determination on whether the applicant should be granted a Private Hire Driver licence or have their application refused.

We note that following the full Licencing and Environmental Health Committee decision of 16 November 2021, the applicant would have until the 30 October 2022 to successfully complete the Green Penny driver training course as the applicant was an existing licence holder given a six month deferral period. All other application requirements have been completed, and we cannot prevent the applicant from reapplying to do the course. All we can do is provide Green Penny with a copy of our decision and recommend they implement special measures, including sitting the test subject to individual invigilation, in respect of the applicant.

The primary function of this Committee is the protection of the travelling public. The legislation makes this clear as does the case law and all authority in the area. Our role is to determine whether or not the person before us is a fit and proper person to hold a HC/PHV licence and if we consider that they are not, then our duty is clear – we should refuse the licence application.

We have not heard from the applicant. The Senior Compliance and Licensing Officer has told us that the applicant has evaded his attempts to contact them and Green Penny tell us that the applicant behaved in a disruptive fashion, which impacts upon the other candidates upon the course. This is not acceptable and cheating in exams is dishonest. We repeat, this was an incident of dishonesty committed with a view to gain. A dishonest job application is specifically included within the offence of obtaining a pecuniary advantage by deception and most people would regard cheating in a test in a similar light. Had the applicant been a disabled person as defined by the Equality Act then they might have been entitled to the making of reason adjustments, and the test itself is calibrated to the candidate’s understanding of English. There can be no excuse and we do not consider the applicant to be a fit and proper person to hold an Uttlesford licence.

Accordingly we refuse this application. The applicant has a right of appeal to the Magistrates Court which must be exercised within 21 days. The applicant will receive a letter from the Legal Department explaining the position.