Issue - meetings

To consider a confidential report by the Head of Planning and Public Protection (copy enclosed) seeking members’ review of a licence to drive hackney carriage and private hire vehicles in respect of Driver No. 045613.

RESOLVED that the Hackney Carriage and Private Hire Driver’s Licence issued to Driver No. 045613 be revoked on public safety grounds.

A confidential report by the Head of Planning and Public Protection (previously circulated) was submitted upon –

(i)           the suitability of Driver No. 045613 to hold a licence to drive hackney carriage and private hire vehicles;

(ii)          information received on 24 September 2013, and a subsequent complaint having been made against the Driver, regarding the posting of offensive, insulting and inappropriate comments on a social networking website about a fare paying passenger which also involved the disclosure of personal details (a summary of facts together with witness statements and associated documentation had been attached to the report), and

(iii)         the Driver having been requested to attend the meeting in support of his licence review and to answer members’ questions thereon.

The Driver was in attendance at the meeting and following introductions confirmed that he had received the report and committee procedures.  The Licensing Enforcement Officer (HB) introduced the report and detailed the facts of the case.

The Driver apologised for his behaviour explaining that he thought the postings private banter between friends which had not been intended to offend or be made public.  Members questioned the driver regarding his behaviour and attitude towards the passenger concerned and queried how the postings had been made public.  In mitigation the Driver referred to problems in his personal life affecting his state of mind at that time and his intention to have some fun (copy of a solicitor’s letter dated 18 November 2013 substantiating references in his personal life had been circulated at the meeting).  He assumed the postings had been passed on by friends and had removed those references and had not used the website since.  He advised that he had not been aware of the seriousness of his actions at the time and had not been thinking clearly.  In response to further questions the Driver confirmed that he had not apologised to the passenger as yet because he did not want to approach her directly or make the situation worse.  Finally he advised that it had been an isolated incident and he did not commonly make reference to customers on the website.

In his final statement the Driver apologised for the incident and expressed remorse over his actions.  He added that he would apologise to the passenger concerned.

At this juncture the committee adjourned to consider the case and it was –

RESOLVED that the Hackney Carriage and Private Hire Driver’s Licence issued to Driver No. 045613 be revoked on public safety grounds.

The reasons for the Licensing Committee’s decision were as follows –

Members carefully considered all the evidence presented and the Driver’s submissions in support of his case and response to questions.  Serious concerns were expressed regarding the behaviour exhibited by the Driver which amounted to a gross breach of trust and the committee did not consider him a fit and proper person to hold a licence.  The committee’s overriding consideration was for public safety and given the aggravating factors that (1) the passenger had been a vulnerable individual, (2) personal details had been disclosed which potentially revealed the passenger’s identity on the internet which had put her at risk, and (3) the disrespectful comments made and the Driver’s attitude in that regard, it was agreed to revoke the licence with immediate effect in the interests of public safety.

The committee’s decision and reasons therefore were conveyed to the Driver and he was advised of his right of appeal.

At this juncture (10.30 a.m.) the meeting adjourned for a refreshment break.