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. 047689.

RESOLVED that a warning be issued to Driver No. 047689 regarding the seriousness of the offence and to his future conduct.

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

(i)           the suitability of Driver No. 047689 to hold a licence to drive hackney carriage and private hire vehicles;

(ii)          the report having been deferred from the last meeting of the Licensing Committee held on 18 September 2013 at the request of the Driver;

(iii)         a report having been received from North Wales Police regarding the behaviour of the licensed driver on 10 June 2013 for which a Public Order Act Fixed Penalty had been issued – the incident had also been captured on CCTV (a summary of facts together with witness statements and associated documentation had been attached to the report), and

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

The Driver was in attendance at the meeting and was being represented by his employer.  Following introductions the Driver 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’s Representative advised that the Driver had worked for him four years previously without incident and was a valuable member of the team with an exemplary record.  He had admitted his wrongdoing, apologised for the incident and had accepted the fixed penalty notice.  He provided a number of written references from customers attesting to the Driver’s good character (circulated at the meeting) and commending him as a licensed driver.  He appealed to members not to remove his licence and highlighted the detrimental effect on existing customers as a consequence.  The Driver responded to questions and in mitigation referred to problems in his personal life at the time of the incident, acknowledged that it was unacceptable behaviour and advised that he was deeply embarrassed by the incident and apologetic.  He explained the circumstances relating to the incident and his frustration at the time.

In making a final statement the Driver’s Representative appealed to the committee not to remove the licence highlighting the valuable service he provided.

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

RESOLVED that a warning be issued to Driver No. 047689 regarding the seriousness of the offence and to his future conduct.

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

During deliberations serious concerns were expressed over the Driver’s behaviour, whilst on duty, which could have been witnessed and overheard by the public including children.  However the committee accepted that the Driver was genuinely sorry for his actions and had also taken into account the references provided by customers attesting to his good character and valuable service.  Whilst the behaviour exhibited by the Driver in this case was clearly unacceptable it was agreed that a serious warning be issued on this occasion.  However any future transgression brought before the committee would be severely dealt with.

The committee’s decision and reasons therefore were conveyed to the Driver and his Representative.