Agenda item

To determine a private hire operator’s licence.

The Chairman proposed to move the meeting back into the public domain. The Committee agreed.

The Operator had not attended the meeting, nor had he responded to any correspondence from the Enforcement Officer.

The Committee considered the Enforcement Officer’s report.

Stansted Airport Cars held a private hire operator’s licence which was due to expire on 31 August 2021 but records indicated that the operator did not have any licensed vehicles in operation. In addition, a search of Companies House showed that the company was dissolved on 20 February 2018.

On the 7 November 2018, the Enforcement Officer carried out visits to both the residential and business addresses of the Operator. At both addresses it was clear that the Operator had moved on without notifying the Council of a change in address. This was in breach of the Council’s licensing conditions.

Furthermore, the Operator’s DBS check had expired on 31 October 2018 and he had failed to supply a new one. 

Members were asked to consider whether the Operator remained a fit and proper person having failed to comply with the conditions of his licence.

At 12.40, the Committee retired to make its decision.

At 12.50, the Committee returned.

The Chairman read the decision notice.

Decision Notice

The application before the Panel today is for the suspension or revocation of Stansted Airport Cars Ltd’s private hire operator’s licence number PH0048 dated 12^th September 2016, in accordance with S62 Local Government (Miscellaneous Provisions) Act 1976.- any other reasonable cause. The three year licence is due to expire on 31st August 2021. The registered office of the company was 12 Stansted House, Stansted Business Park, Stansted CM24 1AE and the holder of the operator’s licence was one Donald Wright who ceased to hold a driver’s licence on 31^st October. Records show that the company does not hold any vehicle licences and was last known to have two drivers: however, the nature of the industry is such that working arrangements are casual and many licensed drivers do not notify the Council when they change workplace.

We have had the opportunity of reading the officer’s report in this case, together with Uttlesford District Council’s licensing standards for operators and a bundle of documents from Companies House showing Stansted Airport Cars Ltd was dissolved on 20^th February 2018.  The dissolution of a company is the equivalent of the death of a natural person and we note that Mr Wright was the sole director and shareholder of this company. We are satisfied on the balance of probabilities that the limited company was an alter ego for Mr Wright and that the reality is that they were one and the same.

The Enforcement Officer made a number of enquiries. Mr Wright was liable for business rates at 12a Stansted House, Stansted Business Park, Stansted, Essex, CM24 1AE between 2 September 2016 to 30 May 2017.   No change of address has ever been notified. Accordingly on 07 November 2018, the Enforcement Officer carried out a visit to the operating address. 1AE. There was no office number 12 as they were split into smaller offices. A neighbour stated that Stansted Airport Cars used to have the offices for 12a, 12b and 12c but that the offices had been re-let and there was no signage for Stansted Airport Cars in place. The Officer then visited the residential address given for Mr Wright and was told that Donald Wright was her son-in-law but they were estranged, they had no contact number for him and that he moved out about three years ago.

Condition 6 of Appendix H of the Council’s Licensing Standards for Operators states that ‘the operator is required to notify the Assistant Chief Executive –

Legal [now the Licensing Dept] in writing within 7 days of:

a.    Any change in his or her residential address.

b.    Any change in his or her business address.’

Mr Wright has clearly breached these requirements and it therefore follows that that Condition 3 of the same Appendix cannot be complied with as the Council’s officers cannot exercise their powers under S56(3) of the 1976 Act as they do not know where he is living and/or working from.

Furthermore, all licensed private hire operators are required to undergo basic Disclosure and Barring Service (DBS) checks upon application and every three years to assist the Council in ensuring that they are ‘fit and proper.’ Mr Wright’s last DBS check expired on 31 October 2018 and he has failed to supply a new one despite a reminder letter being sent to him on 06 September 2018. All correspondence directed to him has been returned to the Council by the Royal Mail.

The primary function of this Committee is the protection of the public and we consider that we have no alternative but to revoke Mr Wright’s operator licence under S62 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. Mr Wright will receive a letter from the Legal Department explaining this.

The meeting ended at 12.55.