Agenda item

To consider an application for the renewal of a Hackney Carriage Driver’s Licence and consideration of the conduct of a Private Hire Driver.

The Committee considered an application for the a Grant for a Hackney Carriage Driver’s Licence and the conduct of a Private Hire Driver.

The applicant, OE, was in attendance at the meeting with his solicitor and other representatives.

The Licensing Officer outlined the background to the case as follows:

·         OE’s previous licence had expired and on applying for a late renewal (grant) of the licence he failed to declare three endorsements.  Although two of the convictions were outside the six month period, the latest endorsement took place in July 2018;

·         OE had been the subject of three complaints:

o   He had been unable to take a fare involving a disabled child as the seatbelt in his vehicle was not working;

o   He had been accused of using a phone whilst driving, although he has stated that this was a hands free set;

o   He had failed to engage his meter which had escalated into a dispute with a customer resulting in the customer making an emergency call to the police. 

The Committee heard an audio recording of the emergency call whereby the applicant was accused of refusing to let the passengers out of the taxi.

The Committee offered OE and his representatives an opportunity to adjourn the meeting to consider the audio recording, but they agreed to continue with the proceedings.

OE’s solicitor presented the case for granting the licence:

·         the application had come before the Committee because of OE’s failure to declare the three endorsements on his driving licence, but it was not clear that he had to declare the first two as they were outside the six month limit;

·         OE had been a taxi driver for twenty years and had assumed that any endorsements would already be on his record;

·         OE accepted he should have declared the endorsements, but this was omitted in error.  At the time of filling out the form he was distracted by personal circumstances as his mother was gravely ill;

·         In relation to the complaints, the first two were treated by the Council without sanction.  He acknowledged that the third was the most serious and OE had admitted that he did not engage the meter, but he had offered the customer a discount.  The situation had escalated following a dispute over the fare and OE   offered to repeat the journey again engaging the meter.  OE had accepted that this was not the right way to deal with a dispute and had sought advice from his union on how to deal with a similar situation in the future. 

In response to questioning from the Committee it was noted that:

·         a warning letter had been sent to OE following the most recent complaint, but the Neighbourhood Enforcement Team were unable to find a copy of the letter;

·         it was appropriate for the Committee to look at the entire history of a driver when considering if they were a fit and proper person to hold a licence.

The Licensing Officer, applicant and his representatives withdrew from the meeting to allow the Committee to discuss the case and returned to hear the decision.

RESOLVED

(1)   that the application by OE to grant a Hackney Carriage Driver’s Licence be refused on the grounds of:

a.      the following breaches of Hackney Carriage Byelaws:

                                                              i.      Not keeping his vehicle in an appropriate condition as evidenced by tyre and seatbelt defects;

                                                            ii.      Failure to engage the taximeter;

b.      the breach of licensing conditions by failing to notify the Licensing Office of a speeding endorsement in July 2018;

c.       keeping passengers in the vehicle against their will  was a “reasonable cause” to not grant a licence in accordance with Section 61 of the Local Government (Miscellaneous Provisions) Act 1976.

(2)   that OE’s private hire driver’s licence be suspended for a six month period on the grounds that keeping passengers in the vehicle against their will  was a “reasonable cause” to suspend a licence in accordance with Section 61 of the Local Government (Miscellaneous Provisions) Act 1976.