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.  046577.

RESOLVED that Driver No. 046577 be suspended from driving hackney carriage and private hire vehicles for a period of one week to take immediate effect 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. 046577 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 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 confirmed he had received the report and committee procedures.  The Licensing Enforcement Officer introduced the report and summarised the facts of the case.  Members were reminded that the matter had been deferred from the last meeting at the Driver’s request as he had been unable to attend.

The Driver submitted a written plea in mitigation together with character references from his employer and some of his regular customers (circulated at the meeting).  He expressed deep remorse over the incident and assured the committee as to his previous good conduct and future behaviour.  He referred to circumstances surrounding the incident and explained he thought the postings private banter between friends.  The Driver acknowledged his behaviour was unacceptable and offered his apologies to the passenger concerned.  Finally he referred to his family circumstances advising that losing his licence would cause extreme hardship.

Members questioned the Driver about his actions, particularly referring to the rationale behind his behaviour and his interpretation of events.  The Driver was keen to stress that he had never intended his comments be made public or cause offence and naively thought they had been made between friends.  He did not intentionally disclose address details and was adamant he would never have revealed the passenger’s name or full address.  In addition the Driver advised that he always treated his passengers courteously and with respect.

In his final statement the Driver expressed deep regret and apologised again for his actions.  He urged members not to remove his licence and provided assurances as to his future conduct highlighting his previously unblemished record.

The committee adjourned to consider the case and it was –

RESOLVED that Driver No. 046577 be suspended from driving hackney carriage and private hire vehicles for a period of one week to take immediate effect 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 submission in support of his case including his plea in mitigation and character references provided.  Serious concerns were expressed regarding the disrespectful comments posted by the Driver in respect of a vulnerable passenger and the fact that he had revealed part of her address which could have placed the individual at risk.  Members had considered revocation of the licence but had taken into account the Driver’s demeanor and genuine remorse over the incident together with the fact that the comments had not been abusive in nature and he had not disclosed the passenger’s full address.  Consequently it was agreed to suspend the licence with immediate effect for one week on the grounds of public safety.  In addition the committee expected the Driver to make a fulsome apology to the passenger concerned and for a copy to be sent to the Licensing Section for file purposes.

The committee’s decision and reasons therefore were conveyed to the Driver together with the implications of that decision and his right of appeal.  He was also warned as to his future conduct.

At this juncture (10.20 a.m.) the meeting adjourned for a refreshment break.