Agenda item

PC Patrick Quinton (Avon and Somerset Police) attended for this item.

The Sub-Committee considered whether action should be taken against KA, the holder of a Hackney Carriage Driver Licence and Hackney Carriage Vehicle Licence.

Wayne Jones, Neighbourhood Enforcement Officer, introduced this report and made the following key points:

·       KA was granted a hackney carriage drivers’ licence in April 2006. His current HCD licence is due to expire on 22nd June 2022 and his HCV licence on 28^th July 2022

·       The Neighbourhood Enforcement Team received a statement from PC Quinton, Taxi Compliance Officer, on 14 October 2021 in reference to KA

failing to use the meter, overcharging and subsequent Section 50 issues on 19^th September 2021 at 22:42 Hours

·       Attention was drawn to PC Quinton’s statement which stated that whilst conducting static road checks following on from Tokyo World festival, he had cause to stop a Bristol City Council licensed hackney carriage vehicle  due to a possible faulty roof sign. When asked if there was a problem with the meter, KA stated that the passengers had requested a destination, then changed their minds to go to motion nightclub. In addition, four passengers wanted to go to Motion nightclub and were quoted a price of £25. They confirmed they had not spoken of any other destination. As it was busy, PC Quinton had informed KA that the matter would be discussed at another time and KA then left the area.

A copy of the above incident had been recorded by PC Quinton and was shown to the Sub-Committee.

·       At a pre-arranged inspection at Sandy Park on 13^th October 2021, the following issues were identified – (i) Failing to display interior (side) plates

(ii) There were no restraining belts to secure wheelchairs – KS explained that they had accidentally been left at home as he was cleaning the vehicle out

ready for inspection and a photo of the corrected issue was sent the next

day (iii) Failing to produce a Certificate of Insurance which was rectified the next day) (iv) A badge not clearly displayed which was immediately moved to a better location (v) Damage to a rear bumper not reported to the Licensing Authority

·       Whilst there were no existing endorsements on KA’s existing licence, it was noted that there were two previous endorsements as follows:

(i)Sunday 25th October 2009 at 02:40hrs, allegation of refusal of fare from a

taxi rank. KA was interviewed following on from the complaint and advice given

(ii) 19 October 2020, official warning for failing to display rear plates correctly

On questioning. PC Patrick Quinton confirmed that failure to display name plates was not that unusual as was a failure to report damage. Whilst a failure to include restraining belts for wheelchairs was extremely unusual, the driver had explained that this was taken out while the vehicle was being cleaned. It was, however, very rare not to have vehicle insurance, although this was rectified soon after.

KA made the following points to the Sub-Committee:

·       If there had been CCTV in his car it would have shown they he gave them a price based on a journey to Keynsham and when they reached the Eastgate  roundabout they said they just wanted to go to Motion Night Club. Therefore, just prior to being stopped by PC Patrick Quinton, he had switched on the meter

·       When he stopped to pick up a fare from Tokyo World, he advised the occupants it would cost them £25 as they wanted to go to Keynsham via Hicksgate. It was very noisy and people were drunk in the car. When he got to the Eastgate roundabout, they said they wanted to go to Motion Night Club and at that point he put on his meter

·       He still had not received the side plates which PC Quinton had advised him that he would receive side plates. In response, PC Quinton confirmed that he did not send outside plates and pointed out that the Hackney Carriage Plate number could not be identified from outside

·       There were cans containing alcohol dropped everywhere in the vehicle. Although it isn’t allowed, passengers frequently hid them. All open cans in the vehicle were dumped by the passengers at the time of the incident

The Sub-Committee noted that it was a relatively short distance between the Taxi Rank and the Eastgate roundabout. The Licensing Policy Adviser confirmed that it was policy to ensure that only the meter is switched on at all times for any fare in Bristol.

The Chair asked all parties to withdraw from the hearing whilst they made their deliberations. Upon their return, the following decision was announced:

Decision

Members of the committee considered the report presented by the Neighbourhood Enforcement Team, the testimony from PC Quinton and the driver’s statement from the driver. In coming to their decision members had regard to the Town Police Clauses Act, as well as their own policy.

You have stated that you had agreed a £25 fare for a journey from Eastville Park to Keynsham via Motion. CCTV footage shown by PC Quinton shows that the passengers stated they had agreed a £25 fare to Motion Night Club. On the balance of probabilities members felt that in all likelihood the £25 fare was agreed to Motion.

Our taxi byelaws state that “The driver of a hackney carriage shall as soon as the carriage is hired by distance, and before commencing the journey, bring the machinery of the taximeter into action”, you did not have your meter on and were in breach of this, in addition to this charging more than the metered fare is an offence under the Town Police Clauses Act.

RESOLVED (unanimously) – that your Hackney Carriage Driver Licence and Hackney Carriage Vehicle Licence are suspended for a period of six months.