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Agenda item
To consider whether or not the holder of a Hackney Carriage Driver's Licence is a fit and proper person following a NET investigation - DP
- Meeting of Sub B, Public Safety and Protection Committee, Tuesday, 17th July, 2018 10.00 am (Item 10.)
- View the reasons why item 10. is restricted
To consider the ability of a licensed Hackney Carriage Driver (HCD) to be considered a fit and proper person to hold a licence following on from a Neighbourhood Enforcement Investigation.
Minutes:
DP was in attendance, accompanied by a solicitor.
A witness was also in attendance.
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 her written statement which provided her version of events.
DP put his version of events highlighting the following:
· He was waiting for a fare at Ashton Gate when he was approached by 7 people to go to Clifton Village; he suggested they call V Cars but when his fare did not appear agreed to take them for £20; he did not turn on the meter
· He stopped at Tesco then did a drop off at the Paragon; he accepted £20; then one of the men then said they had lost a bag and asked to be taken back to Ashton Gate; he agreed to do this free of charge as he was returning there anyway; the meter was not on; he accepted another £20 to return to Clifton Village
· After returning to Ashton Gate He waited for 30 minutes for them to return and drove them back to Clifton Village
· The complaint was made on 9th April 2018 but he was not advised about it until 17th May 2018 by which time the CCTV footage in his car – which he claimed would have confirmed his version of events – had been wiped (It was later clarified that a delay had happened as the complainants had gone on holiday.)
· Had there been an Uber driver parked on Marsh Street at the time in question he would have passed him, but he did not move; he later did the same journey with the meter on – it would have cost £23
During questioning by the solicitor, the witness confirmed her statement – that she got out at Tesco, went to cashpoint, took out money, got back in the taxi and give the driver £40. She also confirmed that she had only spent a short time in Ashton Gate retrieving her bag.
DP could not confirm that the couple he took back to Clifton were the same couple he had brought from Clifton.
Character references for DP were tabled.
DP then made a statement to the Committee – he was given the £20, but accepts that he should have used the meter. He did not charge for the return journey to Ashton Gate. He asked that Members take note of the character references.
The solicitor stated that on this occasion this could have just been a misunderstanding.
The NET Officer, DP and solicitor left the room while the Committee made its decision.
Decision
The Members considered very carefully all of the written evidence presented to them.
The Members noted their Policy.
They noted that drivers are required to use their meters and cannot just accept cash from customers. They noted that not using the meter was a breach of the Bye-Laws and that overcharging was a breach of Section 58 of the 1847 Act.
They noted the versions of events put forward by DP and the witness varied a great deal. They noted however that the statement put forward by the Uber driver supported the version of events put forward by the witness – that the couple had been very upset and angry about another taxi driver (DP) driving off with their money. The timings of the withdrawal of the cash in Clifton and the Uber pick up also support the version of events put forward by the witness.
Taking account of the above evidence and noting that DP has held a Licence since 2003, this was a one off incident and the character references submitted, Members agreed to set aside their Policy in this case and suspend his Licence for a period of 6 months.
Everybody returned to the room to hear the decision.
Resolved – that the Hackney Carriage Driver’s Licence held by DP be suspended for a period of 6 months.