Agenda item

The applicant was present. IR submitted additional information which was circulated to the sub-committee.

The Neighbourhood Enforcement Officer introduced the report and drew attention to the following:

·       The sub-committee is asked to consider the renewal of both Hackney and Private Hire Driver’s licences.

·       The Neighbourhood Enforcement Team was informed by PC Quinton on 26 February 2021 that IR’s vehicle was stopped as part of a static check. Two young women were in the vehicle. The meter was on but had no value on it. The women said they had agreed a fixed price with the driver. Drivers must use their meter immediately when a passenger embarks.

·       The passengers refused to supply an exact address so it is unknown whether the agreed price would be overcharging.

·       There are no previous history of complaints, points or endorsements.

In presentinghis case,IR madethe followingpoints:

·       IR said he was sorry for not using the meter and that it was his job to use it, he said it was the first time and it was a mistake. He understands it is his responsibility, not the customer. He said that this was an isolated incident and will not do it again.

·       He was approached by a pair of women who said that Uber had quoted them an expensive fare, so negotiated a lower one with IR.

·       IR was struggling financially at the time and was having difficulty supporting his disabled daughter.

·       IR has a very long and clean record with no other complaints or endorsements.

·       Since this incident, IR has been approached by other customers attempting to agree a fixed fare but has refused.

After questioning from the sub-committee, the following information was confirmed:

·       A committee member said that other drivers in similar cases have said that this was their first and only offence. IR insisted that this was true in his case, and he has no other offences since 1989.

·       IR has been a private hire driver for 17 years. He was asked whether he fully understood what is expected of him as a licensed driver. IR has undertaken the gold standard training programme.

·       IR submitted financial and medical evidence, but the sub-committee cannot consider this as part of its decision.

The applicant was given the opportunity to sum up, then parties left the room while the sub-committee deliberated.

Decision

The Sub-Committee has determined to renew the applicant’s Private Hire Driver licence and Hackney Carriage Driver licence and imposes a warning as to his conduct of accepting a fare without using the meter, which is an offence under the byelaws  (the City of Bristol Byelaws With Respect to Hackney Carriages and Motor Vehicles).

The Sub-Committee, in arriving at this decision, took into account the applicant’s 17 years of experience as a licenced driver and an otherwise unblemished record during that time. The Sub-Committee also heard the remorse the applicant has regarding this matter and took into account that the applicant has been unlicenced since the licences expired just over one month ago.  The Sub-Committee considered there to be justification to depart from its policy (Hackney Carriage and Private Hire Licensing Policy 2021-2026) regarding offences under the Town and Police Clauses Act 1847. The personal and financial circumstances of the applicant were not a relevant consideration when reaching this decision.

The Sub-Committee is satisfied that the applicant is a fit and proper person to hold such licences, however, places a warning on his record and encourages him to familiarise himself with the conditions of his licences and our policy . It also reminds him that any reports of further offending behaviour can be brought back before the Public Safety and Protection Committee.