Agenda item

The Committee considered an application for the grant of a Private Hire Driver (PHD) licence seeking a departure from Council policy.

Dakota Ferrara, Senior Licensing Officer, attended for this application together with AA (applicant) and two representatives from Allen Hall Solicitors.

Dakota Ferrara introduced this report and made the following points:

·       AA had made an application for the renewal of his licence on 17^th September 2021 which was due to expire on 21^st September 2021

·       Following a complaint received by the Neighbourhood Enforcement Team on 20^th September 2021, the following previous police investigations were noted – investigation of an allegation of rape made on 4^th January 2017 and two separate offences on 5^th and 10^th February 2021 concerning failure to identify the driver of a vehicle and exceeding the statutory speed limit on a public road

·       On making the application, AA had signed to confirm that he was not being investigated for any offence by the Police

·       Officers recommended that the application should be refused

The representative from Allen Hall Solicitors made the following points:

·       AA had never been arrested for any offence. He had attended a voluntary interview following an allegation of rape which had been made maliciously against him.

·       AA has 24 years’ experience as a taxi driver including 7 years as a Private Hire Driver

·       During the incident in question in 2017, AA had consensual sexual intercourse with a passenger

·       A female passenger sat in the front of the vehicle despite being requested not to and had made sexually suggestive remarks to him

·       AA has since realised how inappropriate his behaviour was and has made a lot of changes to his private life and to how he conducts himself and as a driver

·       AA now does not generally work at night time to avoid such situations. His work now involves much more home to school transport work dropping off children at school, some of whom have autism

·       There have been no further incidents like this since 2017. This was a momentary lapse in judgement

·       AA provided a number of character references from his sister explaining that he is a kind and dedicated father and from his employer explaining that he is competent and professional

·       AA has indicated that he will obtain CCTV for his vehicle and will shortly be attending a safeguarding course for taxi drivers

·       He didn’t disclose his voluntary attendance at the police’s request concerning the rape allegation as he was subject of a malicious accusation. The detective advised him that the matter was resolved and that all the information about the incident on the system would be removed. As it could be interpreted that he had been arrested, he was reluctant to disclose this. He now understands that full disclosure would be required of him in future.

·       In relation to the speeding offences, AA had paid the full amount. He was not working at the time of the offences and the offences were not very severe (27 mph in a 20 mph zone and 47 mph in a 40 mph zone) and no other vehicle was at risk

·       AA now also understands that any offence must be declared the following working day as opposed to when it goes to court and will ensure that he adheres to this requirement in future. He has now disclosed all the required information to the Police and courts

In response to questions from the Sub-Committee, AA’s representatives and AA made the following points:

·       AA did not realise it was his obligation to reveal the rape allegation sine he had attended in a voluntary capacity and assisted the Police. In addition, it was subsequently deemed to be a malicious allegation and did not realise that it needed to be disclosed

·       AA was not generally carrying out night time work. However, he acknowledged the recent incident reported at Tokyo World music festival which took place at night time

·       AA had pleaded guilty to the speeding offences straight away and had put the confirmation form in the post. However, he had not received any acknowledgement

·       The incident with a female passenger had been consensual as indicated by the Police which was set out in the paperwork

·       AA confirmed that he had received the gold standard training

·       AA stated that he had not expected and was shocked that a female passenger had made sexual advances towards him. He was worried about the impact on his wife and family. If this ever happened again, he would ask them to leave the vehicle and/or call the Police as he did not want ever again to be in that situation

The Sub-Committee then asked Dakota Ferrara, AA and his two legal representatives to leave the room while they made their deliberations.

Upon their return, the Sub-Committee announced the decision as follows:

RESOLVED (unanimously) – that TO BE COMPLETED BY SHREENE PARMAR