Agenda item

To consider a confidential report by the Head of Planning and Public Protection (copy enclosed) seeking members’ determination of the suitability of Driver No. 043120 to continue to hold a Hackney Carriage and Private Hire Vehicle Drivers Licence.

RESOLVED that Driver No. 043120 be issued with a severe warning regarding his behaviour and to his future conduct.

[Prior to the commencement of this item the Chair permitted an adjournment to allow for all parties to familiarise themselves with the documentation.]

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

(i)      the suitability of Driver No. 043120 to hold a licence to drive hackney carriage and private hire vehicles;

(ii)     a complaint having been received from a cyclist regarding the conduct of the Driver on two separate occasions on 31 December 2012 and 1 January 2013 with recorded footage of both incidents being made available for the committee to view (a summary of facts together with witness statements, transcripts of conversations recorded and associated documentation had also been attached to the main report), and

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

The Licensing Enforcement Officer (HB) introduced the report and detailed the summary of facts of the case.  The committee then watched footage relating to both incidents referred to within the report obtained from (1) the complainant’s head cam fixed to his cycle helmet, (2) a recording made by the Driver’s passenger on her mobile phone/tablet, and (3) clips recorded via Rhyl Town Centre CCTV cameras.

The Driver addressed the committee advising that he became a licensed driver in 2009 and had never before been subject of a complaint.  He stated that he had not been aggressive to the cyclist in any way but had asked him to stop riding in the middle of the road because he could cause an accident and was stopping cars overtaking.  He denied following the cyclist on 1 January 2013 adding that he had no control over the actions of his passenger.

Members took the opportunity to question the Driver regarding the incidents concerned, particularly referring to the rationale behind his behaviour and his intentions during the incident recorded on 1 January 2013.  The Driver responded to questions and denied deliberately following the cyclist or harassing him adding that he had displayed no signs of aggression towards him at any time.  He also advised that he was aware of the rules and regulations in both the licensing conditions and the Highway Code.  In that regard he accepted that a cyclist should ride away from the kerb in particularly circumstances but felt there was no need to ride in the middle of the road unnecessarily.

In making his final statement the Driver wished to clarify that he had not received a harassment notice from the Police but had been advised of the meaning of harassment and asked to ignore the cyclist in future.  In response to a question the Driver indicated that he may have seen the cyclist since then but had no reason to approach him.

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

RESOLVED that Driver No. 043120 be issued with a severe warning regarding his behaviour and to his future conduct.

[Councillor Bill Cowie took no part in the discussion or voting on this item as he had not been present throughout the entire proceedings.]

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

Having considered the evidence presented in this case including the recorded footage and the Driver’s explanation of events members believed that the Driver had deliberately followed the cyclist on 1 January 2013 and had driven too close and intimidated him.  The committee also concluded that the Driver had displayed a lack of knowledge of both the Highway Code and the Council’s hackney carriage/private hire licensing conditions, particularly regarding the entitlement of cyclists to drive in the middle of the lane.  Consequently the committee determined the Driver’s conduct to be inconsistent with that of a professional driver and fell below the required standard in his dealings with the cyclist and therefore a severe warning should be issued regarding his behaviour and future conduct.

The Chair conveyed the committee’s decision and reasons therefore to the Driver.