Agenda item

To determine a Private Hire Drivers Licence.

The procedure for determining private hire drivers’ licences was read to the applicant. The Committee considered the report of the Enforcement Officer.

The driver said it was not in her nature to speed. She had had a clean licence for nineteen years. The incident had happened because she had braked a few seconds too late. She apologised for not informing the Council of the incident.

The Enforcement Officer asked whether the paperwork for the offence had been sent to the driver’s employer. The driver said it had, but that she had not been reminded to tell the Council by her employer.

In response to questions by members, the driver said she had only looked through the Council’s licensing policy roughly, and had not studied it in detail.

The driver apologised again. She said she enjoyed her job and did not want to jeopardise her living.

At 10:40, the Committee withdrew to make its determination.

At 11:00, the Committee returned.

DECISION:

The application before the Panel today is for the suspension or revocation of the driver’s private hire licence number PH/D0456 dated summer 2015, in accordance with S61  (1) (b) Local Government (Miscellaneous Provisions) Act 1976.- any other reasonable cause. The three year licence is due to expire on 30^th September 2018 and the driver drives for Excellent Connections Ltd t/a Fargolink, carrying out school contract work.

We have seen a detailed report together with supporting documentation which is listed herewith:-

Uttlesford District Council licensing standards for drivers.

Uttlesford District Council conditions of licence for drivers.

Certificate of caution for the driver dated 31 October 2013.

Minutes of Licensing and Environmental Health Committee dated 19 November 2013.

The driver’s signed copy of condition paperwork dated 30 September 2015.

Drivercheck of DVLA records dated 26 October 2017.

Notes of meeting with the driver dated 08 November 2017.

Map of location of speeding offence marked by the driver.

Court paperwork supplied by the driver.

The Licensing Department carries out annual DVLA checks on all licensed drivers as part of the Council’s due diligence process. The driver’s check was carried out on 26^th October 2017 and revealed a motoring offence. She had been convicted of an SP30 (Exceeding the statutory speed limit) which took place on 20^th April 2017. She pleaded guilty by post to obtain maximum sentencing discount and was convicted on 23^rd August 2017.  She received six penalty points on her licence and the financial penalty imposed was paid within a week.

Since the driver has six points upon her licence, she does not meet paragraph 2 of Appendix A of the Council’s Licensing Standards for Drivers.  This states:-

“No convictions or fixed penalty notices endorsed on a driver’s licence within the last 3 years where 6 or more points have been endorsed in respect of a single offence”

Furthermore, paragraph 18 (c) of Appendix G of the Council’s Licensing Standards requires drivers to notify UDC in writing of:-

“Any convictions, cautions or fixed penalty notices (save for in respect of civil parking fixed penalty notices which cannot result in the endorsement of points upon the driver’s licence) within 7 days of the date of conviction, caution or the issue of a fixed penalty notice”

The driver attended a meeting with the Enforcement Officer on 8^th November 2017.  She said that she had had a clean licence for 19 years and that the offence had occurred on the A138 around Chelmsford. She had been caught by a speed gun in the middle lane of a 50MPH zone having failed to brake soon enough on exiting a 70MPH zone. There was not much traffic on the road and she was alone in the car. She expressed contrition to the Officer, and, confirmed she had pleaded guilty at the earliest opportunity and paid her fine promptly.

We are aware that the driver has previously appeared before us in October 2013 having failed to wear a valid private hire driver’s badge, contrary to S54(2) of the 1976 Act.  She has never appeared before us in respect of a traffic offence. Having observed her contrition and noted that her employer does bear some responsibility for what has happened, she has nevertheless not made herself familiar with the contents of the Council’s Licensing Policy, and we cannot overlook this.  We therefore feel that though revocation of the driver’s licence would be disproportionate, nor should this matter be overlooked. We feel that a suspension of ten days is appropriate.

There is a right of appeal against this decision which must be exercised within a period of 21 days and during this period the driver is permitted to drive. A letter from the Legal Department explaining the position will be sent to her today, and on the basis that she does not appeal, her suspension will commence on 10^th January 2018. It is the responsibility of a driver to familiarise themselves with Uttlesford District Council’s policy requirements and we will be asking the Licensing Department to write to the driver’s employers as well.