Agenda item

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. 510126.

RESOLVED that the complaint made in respect of Driver No. 510126 not be upheld and no action be taken.

[Councillor Tony Thomas declared a personal and prejudicial interest and left the meeting for the duration of this item]

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

(i)            the suitability of Driver No. 510126 to hold a licence to drive hackney carriage and private hire vehicles following a complaint of disability discrimination and refusal to take a fare;

(ii)          details of the complaint (a summary of facts together with associated witness statements and documentation having been attached to the report), and

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

The Driver was in attendance at the meeting and confirmed receipt of the report and committee procedures.  She had submitted two character references which had been circulated to members to be taken into account as part of the review process.

The Public Protection Business Manager outlined the report and facts of the case.

The Driver explained her version of events in response to the complaint and advised that, given the circumstances presented, she had sought advice from her employers on what action to take and on their instruction she had refused to take the fare.  She responded to members’ questions regarding the witness statements provided and her conduct during the incident, together with training/guidance issues and her familiarity with the Council’s Hackney Carriage and Private Hire Licensing Policy and Conditions.  In her final statement the Driver strongly denied any conduct which amounted to disability discrimination.

The committee adjourned to consider the case and it was –

RESOLVED that the complaint made in respect of Driver No. 510126 not be upheld and no action be taken.

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

Members had carefully considered all the evidence presented in this case together with the explanation provided by the Driver and response to questions.  Members had considered the Driver to be open and honest in her submissions and a credible witness and had accepted her version of events.  The Licensing Committee found that the Driver had acted reasonably in the circumstances presented, seeking instruction from her employer and acting upon it.  Consequently it was agreed not to uphold the complaint in this case and to take no further action.

The decision and reasons for the decision were conveyed to the Driver.

Given the lack of training and guidance provided to the Driver in this case it was suggested that she seek clarity from her current/future employers regarding their policy and procedures to ensure she was prepared should a similar situation arise.  Members also noted that the Driver was now fully familiar with the Hackney Carriage and Private Hire Licensing Policy and Conditions and asked that she continue to keep up to date with those rules and regulations.

As an aside members highlighted the importance of appropriate training and guidance for licensed drivers and discussed whether more could be done to ensure employers provided clear guidance to benefit both drivers and customers.  Officers felt it would be opportune to assess that provision as part of the ongoing work to introduce a list of wheelchair accessible vehicles, which would also give greater clarity and place further obligations on drivers and proprietors of those vehicles.  Consequently it was agreed that officers investigate the issue further and report back to a future meeting of the committee thereon.