Agenda item

Saif Hussain , Chair of Bristol Blue Licensed Taxi Association (BBLTA), accompanied MSA for this hearing. The complainant was also in attendance.

Prior to the commencement of this hearing, the Chair Councillor Barry Parsons indicated that he knew MSA prior to the hearing but confirmed that he retained an open mind in considering this issue. Following a request from the Chair, MSA confirmed that he was happy to proceed with Councillor Parsons as a Sub-Committee member for the hearing.

Alison Wright, Neighbourhood Enforcement Team, introduced the exempt report and outlined the key issues concerning the complaint. These were as follows:

·       On 23rd June 2021, the complainant had asked his guide dog to get into the boot of the hackney carriage vehicle but it has refused three times.

·       MSA had refused permission for the complainant to take the dog into the car with him as other passengers did not like the smell.

·        In the time it took to resolve this matter the guide dog ran off and MSA would not run to find him and bring him back to the complainant.

·       The complainant indicated that, as a guide dog, his dog was well behaved, obedient and friendly.The Equalities Act 2010 imposes a duty on taxi drivers to carry a guide dog where required and to allow a guide dog to remain with that person.T

·       he complainant had submitted a complaint to the Neighbourhood Enforcement team about this incident in September 2021

·       On 5^th September 2021, MSA had received a separate complaint against him about another incident. However, the person who submitted the complaint did not wish to pursue this

In response to questions from the Committee, Alison Wright made the following points:

·       It was not usual for a guide dog to be placed in the boot of a car but this was an open vehicle.

·       MSA had not taken the gold standard which covers guide dogs and wheelchairs.

MSA then outlined his case to the Sub-Committee. He made the following key points and also responded to questions from members of the Committee as follows.

·       I have previously picked up many wheelchair users, disabled people and guide dog users before so I knew what is required. My father was disabled and I also helped him as required.

·       As I knew the passenger had a guide dog, I moved down the road to pick hm up from a suitable place.

·       The separate complaint was in relation to a lady that he had picked up from the side of the road with an electric chair and had taken to Cribbs Causeway.

·       When the battery in the chair ran out, she asked me to help her get it recharged. I had to explain that this was not my responsibility to do and that  it rested with her to deal with this matter. There had also been a further delay because she did not have cash and I needed to use a machine to take payment. In all this fare took 45 minutes. This type of delay has a serious impact on my ability to get enough passengers to make a living.

·       There is a fixed cost for any job that I carry out as indicated by the meter reading so I am not able to increase the price for certain types of fares to allow me more time between passengers or to take account of loading and unloading

·       Sometimes dogs did not want to get into my car but most of the time there is no problem

·       I suggested to the passenger that he put the dog in the car as it was pulling him. Normally, I would hold the guide dog while the passenger gets into the car but there can be a problem if the dog does not want to get in the vehicle

·       I do not understand all of the terminology concerning this issue as I come from Pakistan ie the term footwell

Mr Hussain made the following comments in support of MSA:

·       Drivers had to ring the doorbell of properties 20 years ago as there were no smart phones but now they are trained not to do this

·       MSA was aware that the complainant was a blind passenger. He offered for the guide dog to sit in the boot as it was a big car. However, the dog would not go in despite three attempts. The dog ran off at that point so the option of putting the dog in the front was not available

The complainant spoke to the Sub-Committee and made the following points:

·       The attitude of taxi drivers has changed dramatically in the last ten years. They do not ring your bell or escort you to their car as the used to

·       There are only two taxi firms I can use in Bristol which are big enough to take guide dogs.

·       MSA was the second taxi driver I had requested on the day of the incident in question as the first driver said he had been unable to find me

·       I booked a taxi for 5pm but did not reach my destination for over an hour and was late for a meeting

·       MSA did not offer to put the taxi in the car so I had to do it myself.

·       National guidance is that guide dogs should sit in the footwell in the front of the car so putting a guide dog in the boot rather than the footwell can cause problems since guide dogs are trained to carry out specific tasks

·       I understand that some drivers do not like dogs being placed in the footwell for hygiene or religious reasons

·       As MSA refused to help me find my dog after it ran away, I told him to leave as he was not helping me resolve the situation.

·       My dog returned after he left. I then phoned V Cars who sent out an assistant driver. He quickly resolved the situation

·       In response to a member’s question, the complainant confirmed that MSA did not offer for the guide dog to go in the footwell at the front of the car.

All parties were then requested to withdrawn while the Sub-Committee made their deliberations. Upon their return, the decision was announced as recorded in the resolution below.

RESOLVED (unanimously) –

(1)   that the Sub- Committee has found that the allegations made against you have been made out and therefore you have breached the requirements of the Equalities Act on two occasions.

(2)   members have therefore decided to revoke your licence in line with the Council’s policy in respect of such offending behaviour.

The Sub-Committee also suggested to MSA that he should not re-apply for this licence until he had completed the Gold Standard Course.