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APPLICATION FOR THE GRANT OF A HACKNEY CARRIAGE DRIVER LICENCE - JM
- Meeting of Public Safety and Protection Sub-Committee A, Tuesday, 26th May, 2020 9.00 am (Item 64.)
- View the reasons why item 64. is restricted
Minutes:
The Driver (JM) was present. Also present were his supporters: ZA IM DR WA and SZ.
The Licensing Officer introduced the report and drew attention to the following:
In appendix A are the details of a major incident, where JM failed to secure a passenger in a wheelchair resulting in a head injury that required emergency medical attention.
· Even if the passenger had asked not to be secured, JM was still responsible.
· JM has demonstrated a pattern of offending behaviour over time and has received a number of convictions. Offences include soliciting prostitution, driving dangerously, not using a meter, use of a phone while driving, blocking the highway with his vehicle and inappropriate behaviour towards vulnerable women.
· JM did not declare some of these offences on applications.
The Licensing Officer recommended that the
Committee refuse the application.
The Legal Adviser summarised the decision of the Magistrates’ at the appeal hearing:
The Magistrates’ at the appeal hearing were not satisfied JA is fit and proper to hold a licence. The Magistrates’ did not find him to be a credible witness and found his evidence to be inconsistent; it was their view that it was JA’s responsibility to take charge of assisting with the wheelchair to ensure it was properly secured in the correct position. The Magistrates’ stated that the only concern is for public safety to the Council’s decision was correct and the appeal was dismissed and JA was ordered to paid the Council’s legal costs.
SZ put forward JM’s case highlighting the following:
· JM expressed regret over the incident with the wheelchair user, said he had changed his life and that he was suffering financial hardship.
· SZ said that JM had received his licence 21 years ago and admitted that there had been some offences in that time, but they have been dealt with and he has been punished accordingly.
· Over the past 6 years SZ claimed that JM is a different man and has worked hard on his professionalism. There are several references in his defence. He accepts his responsibilities. JM accepts that he made a big mistake by not securing a disabled passenger, but that this was not an act of malice.
· JM is not working, his financial issues are significant and his family is suffering.
· JM has not committed any offences since the last incident.
IM gave a statement of support for JM concerning his good record of providing transportation for disabled passengers from Bristol Temple Meads train station, especially his willingness to transport wheelchair users and his reliability.
DR gave a statement of support for JM concerning his personal experience as a wheelchair user, being transported by JM since 2010.
ZA gave a statement of support for JM as a taxi company operator, concerning JM’s regular transportation of vulnerable passengers and receiving no customer complaints over a 7 year period.
WA gave a statement of support for JM concerning his consistent transportation of his disabled son.
Following questions from the Committee, the following information was confirmed:
· That the Committee was considering anything new that had happened since the last hearing and appeal in January 2020.
· That after the court hearing, JM applied for a new licence only a week later.
The Members then withdrew to make their determination
RESOLVED – (unanimous decision) That the Committee is unable to make a determination on this occasion.
JM’s licence was revoked in September 2019 and this decision was appealed in January 2020, which was dismissed. The Committee do not consider it appropriate to determine this matter without additional evidence that JA has taken a proactive approach to demonstrate that he is a fit and proper person to hold a licence and that references alone are unlikely to be sufficient to demonstrate that he is a fit and proper person. The Committee considered that a period of 12 months from the refusal to grant the licence in 2019 to be a starting point and will consider any further information that JA submits after such time.