Agenda item

To review an existing Private Hire Driver Licence.

The Senior Licensing and Compliance Officer gave a summary of their report which requested that Members review whether the Driver was still suitable to hold a Private Hire Driver’s Licence.

Prior to the meeting, it had been agreed by both the Driver and the Vice-Chair of the Committee to hear the review in the Driver’s absence.

The Deputy Monitoring Officer confirmed that it was within the Panel’s gift to apply the following sanctions:

·         No further action

·         A suspension of the licence for a prescribed period

·         A revocation of the licence

In response to members questions, officers clarified that the certification for the Victim Awareness Course, appended to the report, was related to the case and that the driver had completed it within the required timeframe as outlined by the conditions of their police caution.

Furthermore, the fine referenced by the Driver in their correspondence to officers was likely to be a Victim Surcharge, which can be issued by the police as part of a caution.

Meeting adjourned at 10:09 for the Panel to retire to make their decision.

The meeting was reconvened at 10:18

DECISION NOTICE

The matter before the Panel today is the review of a Private Hire driver’s licence.

We have had the opportunity of reading the officer’s report on this case, a copy of which has been served on the applicant, and we have also seen, as has he, the background documents annexed thereto. We have had the opportunity of hearing from the Case Officer and have considered the terms of the Council’s Licensing Policy.

The Licensing Team received an email from the Driver to advise that they had received a ‘caution on his DBS’ and provided a short summary of the circumstances. In response, the Licensing Officers ran a check on the DBS Update Service to confirm the change to the Drivers DBS status. In summary of the conditional caution, the Driver committed ‘’wound/inflict grievous bodily harm without intent’’. The caution conditions required completion of an anger management and victim awareness course, to not commit any further offences and to pay a fine of £50. The Licensing Team are not aware of any other convictions or cautions on the Drivers record.

The Council’s Driver Suitability Policy, does not specifically refer to cautions and therefore the Driver is not automatically prohibited from retaining a Private Hire Driver licence, however, the admission of the offence does naturally raise a question of suitability and as such Licensing Officers deemed it necessary for the Panel to review the licence.

We have heard from the case officer today and we have listened carefully.

Agreement to make a decision in the absence of the Driver was obtained from both himself and Chair of the Panel, prior to the meeting.

The primary function of this Committee is the protection of the public and if we are in any doubt as to whether an individual is a safe and suitable person to continue to hold a licence then our duty is clear – we should impose sanctions; whether it be to revoke the licence or suspend for a prescribed period. 

The Panel considered the circumstances in which the caution took place on, including the location and the date. They believe that the Driver did create an unprovoked assault, however welcomed the fact that he notified the Council of this, a requirement of the Uttlesford Private Hire Driver licence, as well as undertaken the anger management and victim awareness course in line with the conditions of his caution. It was also noted that this was the Driver’s first offence and that he was regretful of his actions.

We therefore apply a suspension to the Driver’s licence for a period of two weeks, which will take effect from 19th April 2023, following the conclusion of the 21 days appeal window.

The Driver does have a right of appeal against this decision to the Magistrates Court, which must be exercised within 21 days, and they will receive a letter from the Legal Department explaining his full legal rights.