Agenda item

To review an existing Private Hire Driver Licence.

The 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 and Private Hire Vehicle Licence.

It was noted that the Driver’s Private Hire vehicle had recently broken down, and they were in the process of applying for a new Private Hire Vehicle Licence.

A representative of the Driver addressed the Panel and asked if drivers needed to have full signage displayed on school runs, as every council had a different policy. Officers confirmed that signage should be displayed on the vehicle at all times.

The representative said that the Driver admitted to making a mistake and explained that the signage was taken off at night as taxis in their area were targeted by vandals.

Officers clarified that the policy around signage had changed approximately two years ago and before this, there were no requirements to display anything on the vehicle doors. The Driver had held their licence since 2016 in order to work on home-to-school contracts, and these were the only two offences which they had committed, both before and since the policy change. The Driver’s representative confirmed that the Driver did not understand that the law had changed.

Officers explained that, in order to renew their licence, the Driver would have sat the Green Penny course last year which outlined this policy.

Meeting adjourned at 10:35 for the Panel to retire to make their decision.

The meeting was reconvened at 10:56

DECISION NOTICE

The matter before the Panel today is the review of a Private Hire Driver licence, and Private Hire Vehicle licence. It was noted that the Private Hire vehicle referred to in the report had since broken down and the Driver was currently in the process of applying for a new Private Hire Vehicle Licence from Uttlesford District Council.

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 he, the background documents annexed thereto. We have had the opportunity of hearing from the Case Officer and a representative of the applicant and have considered the terms of the Council’s Licensing Policy.

Licencing Officers attended a scheduled driver and vehicle check, when they saw a Driver and their vehicle which was not displaying either the authorities’ licence plate or door signs. The Drvier stated that the plate must have fallen off on the journey as it had been present at the start of the day. They gave no explanation for the door signs being missing. It was explained to them that they along with the plate need to be displayed on the vehicle at all times. Email correspondence was later received from the employer of the Driver, showing that the Driver had in fact found the Licence plate and along with the door signs affixed them to his vehicle.

Licensing Officers attended another scheduled check where they saw the Driver and their Private Hire Vehicle. The vehicle was not displaying any door signs; these were eventually found in the boot of the vehicle under a lot of personal items. They had been given a magnetic backing making them easier to detach and re-affix. The internal driver identity card was not on display and was found either in the glove box or pushed down the side of the front passenger seat. The Driver explained that they removes the door signs at night to prevent them from being vandalised and that they had forgotten to put them on that morning.

The Driver met with officers and explained that they lives in a block of flats, they removed the signs to stop them from being vandalised, and that they had forgotten to reattach them. It was discussed how it had taken a while for them to find them, under all his personal items, and that it was suspected that they had not been displayed on the vehicle for a while.

Appendix J of the Council’s Licensing Policy relating to the Hackney Carriage and Private Hire trades direct how proprietors/drivers will display the door signs and internal drivers badge. It states that “failure to comply with this requirement will result in the automatic suspension of the vehicle or driver licence until such time as evidence is produced that confirms that the above has been adhered to.”

We have heard from the case officer and a representative of the Driver, and we have listened carefully.

The primary function of this Committee is the protection of the public and to ensure that licence proprietors are adhering to the Licensing Policies, 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 that this was a technical infringement on the License and the Driver was before the Panel due to it being their second offence. They noted that the displaying signage, in line with Appendix J of the Council’s Licensing Policy, is a condition of the licence and it includes displaying signage at all times. They also noted that, in order to renew their Licence, the Driver had attended and completed the Green Penny Driver Training Course after this policy was implemented, and this requirement was outlined within the course content. 

We therefore suspend the Driver’s Private Hire Drivers’ licence, for a period of four weeks, which will take effect from 19th April 2023, following the conclusion of the 21 days appeal window. No action will be taken against the Private Hire Vehicle licence.

The Licensing Panel also requested that Officers write to the employer to request that better clarity be provided to their drivers in regard to the Council’s policy of the display of signage.

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