Issue - meetings
REVIEW OF A LICENCE TO DRIVE HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLES - DRIVER NO. 045613
Meeting: 04/12/2013 - Licensing Committee (Item 7)
7 REVIEW OF A LICENCE TO DRIVE HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLES - DRIVER NO. 045613
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.
Decision:
RESOLVED that the Hackney Carriage and Private Hire Driver’s Licence issued to Driver No. 045613 be revoked on public safety grounds.
Minutes:
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.