Agenda item

To determine a private hire/hackney carriage driver’s licence.

The Chairman introduced the Panel and explained procedure to the driver.

The Panel considered the Enforcement Officer’s report.

The driver tabled a document stating that he had booked a medical examination.

The Chairman said the panel could not determine whether the driver was medically fit, this would be determined by the medical examination, but they would consider whether the driver was a ‘fit and proper’ person in light of his attempt to cheat his previous medical examination.

The driver said he had made a mistake at the examination when the doctor had asked him to place his hand over his eye. This was not the method he was used to. At the last optician’s test he had been told his eyes were healthy.

Councillor Jones asked whether an eye patch or piece of card was offered as an alternative to his hand.

The driver said no alternative was offered.

Councillor Jones asked whether the driver had peered through his fingers in order to cheat the test.

The driver said he had.

At 1.05pm, the panel retired to make its decision.

At 1.30pm, the panel returned.

The Chairman read out the decision.

Decision:

The application before the Panel today is for the suspension or revocation of the driver’s joint private hire/hackney carriage licence no PH/HC 1293  in accordance with S61  (1) (b) Local Government (Miscellaneous Provisions) Act 1976.- any other reasonable cause. He has been licenced in Uttlesford since 12^th August  2015 and his current licence is due to expire on 31^st July  2019. He is also the owner of a vehicle licensed by the Council under number HCV 117. His last driving role was with Sadlers.

Licensed drivers are legally obliged to produce a group 2 medical certificate when they apply for a licence and every three years after that.   The driver’s group 2 medical certificate was due to expire on 31^st July 2018 and he booked in for a new medical on 26 July 2018 at Cotswold Medicals Ltd. A doctor from Cotswold Medicals Ltd emailed the Licensing Officer on 26 July 2018, that same day, and we have a copy of that email among our papers, which have also been served upon the driver.

The Licensing Officer was advised that a doctor had conducted a medical with the driver that day but had aborted the meeting as he was cheating.   During the eye test the driver was struggling to see the smaller print and had started to look through his fingers which were meant to be covering an eye. He was made to recommence. Again, the driver was observed looking through his fingers. The doctor advised that in his opinion the driver should undergo a full sight test and that they would not offer him another medical.

The driver attended an appointment with the Licensing Officer on 30 July 2018, to complete his enhanced DBS application and supply his driver mandate form which he duly provided. The Enforcement Officer assisted the Licensing Officer in this meeting and enquired about the medical.  The driver initially alleged the appointment had been cancelled but when challenged admitted to looking through his fingers during the sight test, but that he had booked another appointment.  

The Environmental Health Manager – Protection then came into the meeting.  The driver explained that he has reading glasses but they are not needed for driving and that he had seen an optician last December.   The driver then showed his glasses to the Officers.

The Environmental Health Manager – Protection decided to exercise his delegated powers and suspended the driver’s private hire/hackney carriage driver’s licence in the interest of public safety with immediate effect under section 61(2B) Local Government (Miscellaneous Provisions) Act 1976.   The driver was told that the suspension could be lifted provided he submitted an optician’s certificate to a doctor in the course of a further group 2 medical examination. In order to enable the driver to drive his hackney carriage vehicle licence for social, domestic and pleasure purposes he surrendered the vehicle licence (HCV117) with immediate effect.

Condition 12 of Appendix A of the Council’s Licensing Standards requires drivers to meet

“…Group 2 medical standards as published by the Dept of Transport.”

Compliance with this standard is a legal requirement, and without a certificate we have no means of knowing whether this requirement is satisfied.

There are two issues before us today. They are the issue of the driver’s behaviour on 26^th July about which Cotswold Medicals Ltd were concerned enough to refer the matter to the Council that self-same day, and the question of his holding a Group 2 medical certificate. Though he has produced an optician’s certificate and has an appointment for a medical later this week, depending on our findings on the first issue we may not need to determine the second issue.

The attempt to cheat on 26^th July, which the driver has admitted to us today, is a very serious matter and is compounded by the fact the doctor whom he saw that day considered it serious enough to report to their manager, and in turn that manager thought it serious enough to formally report to the Council. S57 (3) Local Government (Miscellaneous Provisions) Act 1976 provides that it is an offence to knowingly or recklessly make a false statement for the purposes of obtaining a licence and we consider that by his conduct on 26^th July, the driver did just that. Our findings on this issue mean we do not need to consider the driver’s failure to have a current Group B medical certificate.

The primary purpose of this Committee is the protection of the public and we regard this matter as being very serious indeed.  The driver’s conduct on 26^th July involved dishonesty but additionally, the consequences of driving without being able to meet the legally required eyesight standard could have been catastrophic. We consider the Environmental Health Manager – Protection did the correct thing in suspending the driver’s licences pending his appearance before us today, and in the circumstances we revoke them under S61 of the 1976 Act as he is no longer a fit proper person to hold them, because of his dishonesty in attempting to conceal the fact that he might not meet the medical standards required for a licensed driver.  In the interests of public safety that revocation takes effect immediately.

The driver has a right of appeal against this decision to the Magistrates Court, and that any such appeal must be lodged within 21 days. Normally, the revocation would come into effect following the end of the appeal period, but since the revocation is based upon possible medical issues and hence in the interests of public safety, this period of grace will not apply. He will receive a letter from the Legal Department explaining this.