Modern.gov Breadcrumb
- Agenda item
Modern.gov Content
Agenda item
Application for the Renewal of a Private Hire Driver's Licence - HS
- Meeting of Sub B, Public Safety and Protection Committee, Tuesday, 17th July, 2018 10.00 am (Item 8.)
- View the reasons why item 8. is restricted
To consider an application for the renewal of a Private Hire Driver’s (PHD) licence.
Minutes:
HS was in attendance, accompanied by his wife.
A witness was also in attendance for part of the hearing.
The Chair explained the procedure that would be followed and everyone introduced themselves.
The NET Officer introduced the report and summarised it for everyone.
The witness confirmed his written statement and briefly described the incident.
HS put his version of events highlighting the following:
· He had been called a “Paki” by the other driver and wanted an apology
· He had pulled over and asked the other driver why he had called him that name
· The other driver had called the Police
· He did not consider that he was aggressive or threatening, although he may have raised his voice
· He accepts that he should not have got out of the car
Referring to the incident involving the cyclist, HS explained that the cyclist had nearly been knocked off his bike by another car; the cyclist was banging on the window of the car and he had intervened. He cyclist had sworn at him and then cycled slowly to prevent him overtaking the cyclist before cycling away. He had been behind the cyclist. His wife confirmed his version of events.
Referring to the third incident which happened on Gloucester Road, HS stated that he did realise he had hit the other car until he reached his destination and noticed the damage to his own car (although the CCTV footage showed him getting out to check his vehicle for damage). He reported the incident to the Police at Trinity Road. He reported the incident to BCC “a couple of weeks later”.
The NET Officer reminded everyone that any such incidents must be reported to BCC by the end of the next business day. (The incident took place on 12th May 2018 and HS did not contact BCC until 26th June 2018.)
The NET Officer played everyone CCTV footage of the incident.
HS agreed that it was not a safe manoeuvre but that he did not think that he had hit the other car.
In response to questions from Members about the incidents HS highlighted the following:
· He works for Uber
· He might have sworn but does not normally use bad language
· He does not have anger management issues
· He should have been more professional
· He has not worked for the best part of a month
· He thinks that the other driver may have hit the cyclist
· He does not consider himself to be an intimidating person
He tabled character references to support his case.
His wife made a statement in his support – he does a lot of charity work, he is not an aggressive person and they did previously lose a baby.
The NET Officer, HS and wife left the room whilst the Committee made its decision.
Decision
The Members considered very carefully all of the written and verbal evidence presented to them.
They noted their Policy.
They noted that accidents must be reported to BCC by the end of the following business day. It is a Condition of the Licence and HS had not complied with this.
They also noted that in relation to all 3 incidents, HS had provided a different version to the others involved. An independent witness had corroborated the van driver’s version of events.
On each occasion he had got out of his car and acted aggressively towards the other parties, having even gone out of his way to follow the van driver.
Members had concerns about HS’s temper and thought that he should consider taking an anger management course to help address the issue.
Members noted the legal definition of Common Assault – Causing fear of intimidation – and considered that the actions by HS could be construed as meeting this definition.
They also noted his pattern of poor driving – overtaking the cyclist at speed and then stopping to get out of his car to confront him; exiting the roundabout in front of the van driver without signalling; and attempting to turn around on Gloucester Road without warning and causing an accident.
Taking account of the above Members decided to refuse his application for a Licence as they no longer consider him to be a fit and proper person to hold such a Licence.
Everyone returned to the room to hear the announcement of the decision.
Resolved – that the application for the renewal of a Private Hire Driver’s Licence made by HS be refused as he is no longer a fit and proper person to hold such a Licence.