EPPING FOREST DISTRICT COUNCIL
COMMITTEE MINUTES

Committee:
Licensing Panel

Date:
5 August 2004

Place:
Council Chamber, Civic Offices,
High Street, Epping
Time:
10.00 a.m. - 10.40 a.m.

Members
Present:
Councillors Mrs M Sartin (Chairman), M Cohen (Vice-Chairman), D Kelly,
P McMillan, L Martin, R Morgan, T Richardson, Ms K Rush, B Sandler

Other
Councillors:
-

Apologies:
Councillors Mrs R Gadsby, Mrs P Smith

Advisory
Officers
Present:
J Nolan (Environmental Services), L Cole (Legal Services), G J Woodhall
(Research and Democratic Services)

Other
Officers
Present:
K Tuckey (Environmental Services)

1. MINUTES

RESOLVED:

That the minutes of the meeting of the Committee held on 3 June 2004 be taken
as read and signed by the Chairman as a correct record of the meeting.

2. DECLARATIONS OF INTEREST

Pursuant to the Council's Code of Member Conduct, there were no declarations of
interest made by any member of the panel present at the meeting.

3. PROCEDURE FOR CONDUCT OF BUSINESS

The Panel noted the agreed procedure for the conduct of business, and the
terms of reference.

4. EXCLUSION OF PUBLIC AND PRESS

RESOLVED:

That the public and press be excluded from the meeting for the items of
business set out below on the grounds that they will involve the disclosure of
exempt information as defined in the Paragraph of Part 1 of Schedule 12A of
the Local Government Act 1972:

Agenda Exempt Information
Item No. Subject Paragraph No.

6 Hackney Carriage Driver's Licence 4
Application – Mr P Tuouy

7 Hackney Carriage Driver's Licence 4
Application – Mr J Potter

8 Hackney Carriage Plate Exemption 4
Application – Mr S Dalby

5. ORDER OF BUSINESS

The Chairman announced changes to the order of business in the agenda for the
remainder of the meeting for the Panel's approval.

RESOLVED:

That the application from Mr S Dalby for an exemption from displaying a
plate be considered first as the other two applicants had yet to arrive.

6. LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 –
APPLICATION FOR EXEMPTION FROM DISPLAYING PLATE – MR S DALBY

The Panel considered an application from Mr S Dalby for an exemption from
displaying a plate on a Hackney Carriage. Members noted that officers did not
have delegated powers to grant this application and, as a result, the
application had to be considered by the Panel. The Chairman welcomed the
applicant, and introduced the Members and Officers present.

The Head of Environmental Services presented the case before the Panel, and
outlined that the applicant had stated upon his application form that his
customers felt uncomfortable about the display of his Hire Plate. It had also
stated that the majority of his customers were either 'celebrities' or
business executives, and that the business was a private chauffeur service,
not a minicab or taxi service.

(a) Presentation of Applicant's Case

In a short statement, the applicant advised the Panel that the majority of
his work was allocated by chauffeur companies, and involved transporting
corporate executives around the London area. Both the chauffeur companies and
his customers had requested the applicant to obtain a plate exemption. The
applicant stated that he did not work for minicab companies and was only
interested in undertaking Chauffeuring duties.
The applicant advertised himself as a private Chauffeur, with a minimum
call-out charge of £15, and wanted to restrict his activities to
'celebrities', executives and corporate work.
The applicant's car was a top-of-the-range Chrysler Voyager, and the applicant
would not be interested in any taxi work.

(b) Questions for the Applicant

In response to questions from the Panel, the applicant restated that his car
was a top of the range Chrysler Voyager, with a black leather interior and a
DVD player, which could accommodate 6 passengers. The applicant reminded the
Panel that executive and corporate work required a top-of-the-range model.
The car was a right-hand drive model with electrically operated doors that
opened on both sides, and an electrically operated tailgate. The applicant
charged a minimum of £15, which prevented calls for short distance taxi work.
Currently, all his business activities were pre-booked.

(c) Panel's Consideration of the Application

The Chairman requested that the applicant leave the Chamber whilst the Panel
debated his application in private session. The Panel felt that this
application was similar to others received in the past. The applicant would
be predominantly undertaking pre- booked executive business, and the Panel
were minded to grant the application.

The Chairman invited the applicant back into the Chamber and informed him of
the Panel's decision.

RESOLVED:

That an exemption from having to display a Hackney Carriage Plate be granted
to Mr S Dalby, subject to the Council's standard terms and conditions.

7. LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 –
APPLICATION FOR PUBLIC HIRE DRIVERS' LICENCE – MR P TUOUY

The Panel considered an application from Mr P Tuouy for a Public Hire
Drivers' Licence.
Members noted that the applicant's medical report revealed circumstances that
prevented officers from granting the Licence under delegated authority, and
consequently, the application had to be considered by the Panel. The Chairman
welcomed the applicant, and introduced the Members and Officers present.

The Head of Environmental Services presented the case before the Panel, and
proceeded to explain the issue for this application. Local authorities could
utilise either the Group I or Group II medical examination for prospective
Public Hire Drivers' Licence applicants, whereby the Group II examination was
more stringent. Epping Forest District Council had determined that the Group
II examination would be used for such applications. The applicant's medical
examination had revealed a problem with the left eye, which could not be
corrected with lenses, and had consequently failed the Group II examination.
The Doctor who examined the applicant felt that he was fit to drive, and had
pointed out that he would have passed the Group I examination.

(a) Presentation of Applicant's Case

In a short statement to the Panel, the applicant recounted that an eye test
at Dolland and Aitchison had revealed the same problem but had also confirmed
the applicant's fitness to drive. The applicant reaffirmed that he had never
had any problems driving, and indeed was a county standard clay pigeon
shooter, which illustrated the quality of his eyesight. The applicant
concluded by stating that he felt that as he would pass the Group I
examination, he would like the Panel to grant his application for a Public
Hire Drivers' Licence.

(b) Questions for the Applicant

In response to questions from the Panel, the applicant confirmed that he had
worked as a minicab driver between 1990 and 1992, and had encountered no
problems. He had not had an accident whilst working as a minicab driver, and
had had only one accident whilst driving when stationary at a zebra crossing.
The applicant further stated that his right eye was long sighted not short
sighted, and that he might struggle to read with his left eye closed. As far
as the applicant was aware, his medical condition placed no restrictions upon
his Drivers' Licence, as he was not required to report it to the DVLA.

(c) Panel's Consideration of the Application

The Chairman requested that the applicant leave the Chamber whilst the Panel
debated his application in private session.

The Head of Environmental services confirmed that the Group II medical
examination was more rigorous than the Group I examination, and that it was
the Council that had determined that the Group II standard should be used
within the Epping Forest District.
Other local authorities used the Group I standard, and the Panel's attention
was drawn to the statement from the Doctor regarding the applicant's fitness
to drive. The panel were reminded that they could make an exception to the
Council's policy in this case provided that no legislation was contravened.
The Head of Environmental Services confirmed that the Doctor who had
undertaken the applicant's medical examination was aware that the applicant
was seeking a Public Hire Drivers' Licence. It was also pointed out to the
Panel that the applicant would be working for a local company and would be
only permitted to operate within the Epping Forest District.

The Head of Environmental Services also informed the Panel that the applicant
was currently living in Purfleet in Essex. One member felt that the Panel had
not considered an application of this sort before; if other authorities
permitted Group I drivers to be licensed then the applicant should apply
there, especially as he did not live within the District. However, on
balance, the Panel were minded to grant the application on this occasion.

The Chairman invited the applicant back into the Chamber and informed him of
the Panel's decision.

RESOLVED:

That a Public Hire Drivers' Licence be granted to Mr P Tuouy, subject to the
Council's standard terms and conditions.

8. LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 –
APPLICATION FOR PUBLIC HIRE DRIVERS' LICENCE – MR J POTTER

The Head of Environmental Services informed the Panel that the applicant was
not in attendance and requested that the matter be deferred to the next
meeting. The Head of Environmental Services also explained that the usual
procedure was that if the applicant failed to attend the second meeting then
his application would be deemed to be withdrawn and consequently refused.

RESOLVED:

(1) That the application for a Public Hire Drivers' Licence by Mr J Potter be
deferred to the next scheduled meeting of the Panel; and

(2) That if Mr J Potter failed to attend the next scheduled meeting of the
Licensing Panel then his application would be deemed to have been withdrawn
and would be refused.

9. DATE OF NEXT MEETING

The Head of Research and Democratic Services informed the Panel that its next
meeting was scheduled for Thursday 2 September 2004. The Head of Environmental
Services informed the Panel that there were no new applications outstanding, and
requested that the next meeting be cancelled. Thus, the Panel would not now
meet until Thursday 7 October 2004.

RESOLVED:

(1) That the meeting scheduled for Thursday 2 September be cancelled due
to lack of business for consideration; and

(2) That the next scheduled meeting of the Licensing Panel would now be
Thursday 7 October 2004.

CHAIRMAN
110
Licensing Panel 5 August
2004