Agenda item

To seek consideration as to whether the Private Hire Driver remains a fit and proper person.

JQ was in attendance, together with Andrew Rae from Nelson Legal who was representing him.

The Chair welcomed those present to the meeting and introductions were made.

The Taxi Compliance Officer (PQ) outlined the key issues as set out in the report.

AR was invited to put forward the case on behalf of PQ and address any questions put by the Committee:

• JQ has been a private hire driver for 14 years – his licence expires on 10 August 2018.
• JQ has admitted the offence and accepted a caution.
• It was a one off incident and he has never been the subject of a complaint before.
• JQ is a competent, qualified driver and has never had any criminal conviction/caution or endorsements before.
• The Controller had told him to stay in the area and wait for a fare to come in over the radio.  He had parked up in an area in Queens Road, commonly used by Hackney Carriage Drivers.  Members of the public had got in to the cab but he had asked them to leave just as the Taxi Compliance Officer had seen him and spoken to him.
• JQ has elderly parents but no children – losing his licence would impact on his parents.  A busy period for driving is coming with Christmas on the way.  JQ has admitted the offence, is remorseful and has learnt through the experience.  A short suspension may be appropriate but the Committee were asked to consider not extending it too far into the Christmas period.

The Taxi Compliance Officer added that this was a known hot spot for plying for hire.  In his view JQ had only asked his passengers to leave after he had spoken to him.  The offence had already been made and the fare had already been agreed according to the passengers.  JQ had not admitted to the offence at the time.

The Taxi Compliance Officer and the applicant side left the room whilst the Sub-Committee considered its decision.

Decision

During deliberations, Members carefully considered the written and verbal evidence presented to

them.  Members felt that this was unacceptable behaviour for an experienced driver who knows the rules.  Members agreed that JQ was not currently a fit and proper person to hold a Private Hire Drivers Licence and therefore needed a period of reflection.  It was acknowledged that JQ had subsequently made a full admission and appeared to be genuinely sorry.  The Sub-Committee felt in view of all the facts a suspension for a month would be appropriate.

 The Taxi Compliance Officer and BB returned to the room and were informed of the Sub-Committee’s decision, by the Chair.

RESOLVED:

That the Council could no longer be satisfied that JQ was a fit and proper person to hold a Private Hire Drivers Licence and in consequence there was “reasonable cause” to SUSPEND the licence for one month under 61 (1) (a) (ii) of the Local Government (Miscellaneous Provisions) Act 1976. The suspension to be lifted at 00.01 of 13^th December 2017.