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ZZ - REPORT TO DETERMINE WHETHER ACTION SHOULD BE TAKEN AGAINST THE HOLDER OF A PRIVATE HIRE DRIVER LICENCE
- Meeting of Public Safety and Protection Sub-Committee A, Tuesday, 16th February, 2021 10.00 am (Item 37.)
- View the reasons why item 37. is restricted
Minutes:
ZZ was in attendance.
PC Quinton (PCQ) from Avon and Somerset Constabulary was in attendance.
The Neighbourhood Enforcement Team (NET) Officer introduced the report and summarised it for everyone.
Everyone also viewed the body cam video footage of ZZ being stopped and questioned by PCQ on 5th January 2021.
PCQ confirmed his evidence as presented in the report. He also advised everyone that although the prosecution file for the defective tyres offences has been submitted, a court date has not yet been set.
ZZ then put his case highlighting the following:
- He accepted that he had made mistakes and apologised to the Members of the Committee for his actions; he had meant no disrespect to them
- He stated that there were a number of mitigating circumstances relating to his action including Covid 19, he has health issues, is in arrears with his mortgage, Council Tax and Income Tax payments
- He has worked as a taxi driver since 1996; he has 3 children to support and cannot do any other job due to his health issues
- He acknowledged his previous offences
- He has a brother who is in the BRI and is blind; he has to look after him
- He hires the vehicle from another company and is responsible for the wear and tear on the vehicle; the last time he looked at the tyres they looked fine
The Chair advised ZZ that the overriding responsibility of the Committee is public safety and the Members have to decide whether or not he (ZZ) is a fit and proper person to hold a Private Hire Driver Licence.
PCQ confirmed that the agreement that ZZ has with the hire company requires him to be responsible for the inspection and replacement as necessary of the tyres on the vehicle.
In response to questions ZZ stated that this had been the first time had illegally plied for hire and that he normally inspected the vehicle 2 to 3 times per week but had forgotten prior to the occasion he was found to have defective tyres on the vehicle.
ZZ, the Neighbourhood Enforcement Officer and the Avon and Somerset Constabulary Taxi Compliance Officer left the room whilst the Committee made its decision.
Decision
The Committee considered very carefully all of the written, video and verbal evidence that it had received.
Following a debate the Committee decided that the Private Hire Driver’s Licence of ZZ be suspended for a period of 6 months on the ground contained in section 61(1)(b) of the Local Government (Miscellaneous Provisions) Act 1976 namely “any other reasonable cause”.
Reasons for Decision
There were a number of issues for the Committee to consider whereby the standards of ZZ had fallen far below those that the Council is entitled to expect from those whom it licences. Whilst the Committee had sympathy for ZZ concerning his financial difficulties, the safety of the public does not require any consideration of the personal circumstances of the driver, which are irrelevant save in rare cases to explain or excuse some conduct of the driver.
On 19 November 2020 ZZ had been stopped by PC Quinton when it was noted that his private hire vehicle had two bald tyres. The matter had been referred to the CPS for prosecution proceedings to be commenced but a court date was still awaited. Although the role of the committee is not to try to “second guess” the outcome of the criminal proceedings, their regulatory function of protecting the public did not mean that the Committee had to await the outcome of the criminal matter before action could be taken in respect of ZZ’s licence. The Committee considered this to be the most serious of the issues before them and it did not matter that ZZ was not working at the time because notwithstanding this, the public would still be placed at risk.
ZZ had also been pulled over by PC Quinton on 5 January 2021 whereby it was discovered that ZZ had unlawfully plied for hire by picking up passengers and taking a fare from them when they had not pre-booked the journey. ZZ initially lied to PC Quinton by claiming the two passengers were friends of his but upon further questioning it was obvious that ZZ did not know who they were. ZZ then admitted the offence after being cautioned for it. The Committee takes a dim view when licensed private hire driver’s ply for hire because not only does it deprive properly licensed hackney carriage drivers’ of their lawful trade, but it also places the public at risk because the driver will not be insured in respect of that particular use of the vehicle. On this occasion it was also noted that ZZ was not wearing his private hire badges nor displaying plates on his vehicle, which are breaches of conditions on his licence.
Although ZZ was very apologetic in respect of his conduct, the Committee did not consider that there were exceptional reasons to depart from Council policy and as such there was reasonable cause to sanction his licence. The offences regarding the defective tyres are treated as hybrid offences under the Council’s policy on offending behaviour and the offence of having no insurance is treated as a major traffic offence. The Committee is also entitled to take into account the number, type and frequency of such offences and generally a minimum period of 6 months suspension will be imposed. In addition to this, the offence of plying for hire would normally result in a period of 6 months suspension under the Council’s policy. The Committee’s starting point was therefore a minimum period of 6 months suspension.
Given the seriousness of the offences and the fact that ZZ’s licence had been revoked previously, albeit a long time ago, the Committee considered that he should therefore have been fully aware of the consequences of committing further offences. It was therefore resolved to suspend ZZ’s private hire driver’s licence for a period of 6 months.
Everyone returned to the room to hear the decision announced.
Resolved - that the Private Hire Driver’s Licence of ZZ be suspended for a period of 6 months on the ground contained in section 61(1)(b) of the Local Government (Miscellaneous Provisions) Act 1976 namely “any other reasonable cause”.