Agenda item

To determine an application for a Home to School Drivers Licence.

The Licensing and Compliance Officer presented their report which requested that members determine an application for a Home to School Drivers Licence.

The Legal Advisor provided clarification on Section 5 of the Officers report. She explained that whilst the application was in relation to a Home-to-School Drivers Licence, the same standards were applied as Private Hire and Hackney Carriage Drivers.

The were no questions raised to the officers.

The Applicant addressed the Panel and said that, until they had gone through the application process for a Home-to-School Drivers Licence, they were unaware that they had any points on their licence.

They had recently paid a fine to bailiffs, who had provided them with a court number and told them it was as a result of a driving offence; however, they did not realise that this also meant that there were points applied to their licence. Since then, they had hired vehicles, and had never been questioned about points, nor had it appeared on their DBS.

In response to questions from the Panel, the Applicant clarified the following:

·         The Applicant was unaware of any incidents which occurred on the date of the offence and had not conducted any research into it. This was due to not having the time to do so, as they were working for a company supplying the NHS at the time of the Covid-19 Pandemic.

·         At the time of the conviction, they had two vehicles in their ownership, however had not loaned them out to anyone.

·         They had accepted the fine which was presented to them by the bailiffs without knowing the reason.

·         They did not recall receiving a notice requesting information as to who was driving the vehicle at the time of the alleged offence.

·         They had  moved house in 2017 whereas the offence in question was stated as having occurred in March 2020,  so any communications may have gone to the previous address.

·         They were advised not to wear a hearing aid due to anr existing medical condition, such device was said to exacerbate their medical condition.

The Panel retired at 14:36 to consider their decision.

The meeting reconvened at 14:52

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

·         That the person does not pose a threat to the public

·         That the public are safeguarded from dishonest person

·         The safeguarding of children and young persons

The panel were asked to consider whether the Applicant was a fit and  proper person   to   hold   a   licence   despite   the   fact   that   the Applicant  did   not   meet   the requirements  of  the  Uttlesford District Council (“The Council”) published  Suitability  Policy.

Each case must be determined on its own merits.

Meaning that it was open to the panel to depart from their policy if it was reasonable in all the circumstances to do so.

The Panel asked the Applicant appropriate questions to determine whether they were a fit and proper person to hold a Home to School Drivers Licence.

The Applicant in addressing the panel in response to appropriate questions indicated they were unaware that they had any points on their licence. Whereas, the relevant offence related to an MS90 conviction; representing a DVLA endorsement code for the motoring offence of failing to provide the driver details when requested by the police. The Applicant had not conducted any research into the offence and or conviction. It was further confirmed that at the time of the conviction, they had two vehicles in their ownership, and had not loaned them out to anyone.

The panel considered the issue before them:

having taken into account the report, appendices, the verbal representations made, legislation, the Council’s Suitability Policy and Statutory guidance.  The panel felt that on the information and evidence before them and the representations made by the Applicant that they had not demonstrated that they were a fit and proper person to hold a Home to School Driver’s licence.

The unanimous decision was made as follows:

That the Applicant be refused a Home to School Driver’s Licence.

Reasons for the decision:

1.    The Applicant had failed to persuade the Licensing Panel that their circumstances justified a departure from the Council’s Licensing Policy. The relevant policy stated that a licence would not normally be granted if an applicant has a conviction for a major traffic offence or similar offence a licence will not be granted until at least 7 years have elapsed from completion of any sentence imposed.

2.    The Applicant whilst confirming that they were unaware of any incidents which occurred on the date of the offence for which they had been convicted had not conducted any research into the circumstances of the offence.

3.    At the time of the conviction, they had two vehicles in their ownership, and had not loaned them out to anyone.

4.    They had accepted the fine which had come to their attention by visiting court bailiffs without knowing the reason.

5.    They did not recall receiving a notice requesting information as to who was driving the vehicle at the time of the offence to which the conviction related.

6.    They had moved house in 3 years previously, albeit DVLA details had been updated.

RIGHT TO APPEAL

There is a right to appeal this Panel’s decision through an appeal to the Chelmsford Magistrates Court within 21 days of the date of this Decision Notice.

Meeting ended at 14:54