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’s hackney carriage/private hire licence had come before Members to consider whether the driver remained a fit and proper person to hold a licence following two breaches of the Council’s licensing standards. The driver had recieved six penalty points for a single offence (IN10 – using a vehicle unisured against third party risks) and had failed to notify the Council of the conviction.

The driver said he was unaware that he needed to inform the Council of the penalty points he had recieved on his licence.

The Chairman asked whether the driver had seen the ‘Green Book’ of rules before and had he aquainted himself with it.

The driver said he could not remember recieving the ‘Green Book’.

The Enforcement Officer asked whether the driver had received the conditions of his licence when he received his badge.

The driver said he had.

In response to a question regarding the IN10 offence, the driver said he was using his own vehicle at the time but had not aquired business insurance. He said he was unaware that this was necessary.

The Solicitor said it was the responsibility of the driver to make themselves aware of licensing standards and the law. Ignorance of the law was no defence.

At 2.10pm the panel retired to make its decision.

At 2.20pm the panel returned.

Decision:

The application before the Panel today is for the suspension or revocation of the driver’s joint private hire/hackney carriage licence number PH/HC2029 dated autumn 2015, in accordance with S61  (1) (b) Local Government (Miscellaneous Provisions) Act 1976.- any other reasonable cause. This application has been deferred from 31^st July 2018 to enable the driver to attend today.

The three year licence is due to expire on 30^th April 2020 and was issued on 16^th May 2017. The driver’s last known employment was with Lucketts of Watford on school contracts but this ended in August 2017.

As part of the licensing department’s due diligence procedures, the annual check against DVLA records was carried out on the driver on 03 April 2018.   This revealed that the driver was convicted on 13 November 2017 of an SP30 offence (speeding) that occurred on 19 April 2017 for which his licence was endorsed with three penalty points.   The check also revealed that the driver had been convicted on 24 January 2018 of an IN10 offence (using a vehicle uninsured against third party risks) that occurred on 07 June 2017 for which his licence was endorsed with six penalty points.

As a result of receiving six penalty points for a single offence, the driver no longer meets the Council’s Licensing Standards for drivers. Paragraph 2 of Appendix A thereof states:

“No convictions or fixed penalty notices endorsed on a driver’s licence within the last three years where six or more points have been endorsed in respect of a single offence.”

Additionally, licensed drivers are required by condition 18c of Appendix G of the Standards to notify UDC in writing of:-

 “Any convictions, cautions or fixed penalty notices…within 7 days of the conviction, caution or the issue of a fixed penalty notice.”

The driver has not responded to communications from the Licensing Department.

We have read the papers before us and we have heard from the driver. He had emailed the Licensing Department at some time between 31^st July and today, saying that when he started driving his licence had been clean but that he then received some letters about penalty points. He was not, he said, aware that he had to report such things to the Council.

He verbally repeated this to us today and was shown a copy of the Council’s Green Book containing Uttlesford’s condition of licence. He did recall receiving some information regarding these when he received his badge.  However, ignorance of the law is no defence although, he explained, everything that had happened had done so inadvertently, and that had he known of the Council’s requirements, he would have complied with them. He confirmed that though he is not currently driving for a living he would like to retain his joint licence in case he should need some extra income in the future..

However, the primary function of this Committee is the protection of the public and in the light of his admitted failures, we consider that  we have no alternative but to revoke The driver’s licence under S61 (b) of the 1976 Act as he is no longer a fit and proper person to hold it.

There is a right of appeal against this decision which must be exercised within a period of 21 days and during this period the licence remains in force. The driver will receive a letter from the Legal Department explaining this.