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. 048997.

RESOLVED that the Hackney Carriage and Private Hire Driver’s Licence issued to Driver No. 048997 be revoked 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. 048997 to hold a licence to drive hackney carriage and private hire vehicles;

(ii)          a complaint having been made from a Civil Enforcement Officer regarding the behaviour of the licensed driver on 10 October 2013 following the issuing of a Penalty Charge Notice in respect of a hackney carriage vehicle;

(iii)         the Driver having subsequently been issued with a Public Order Offence Fixed Penalty Notice by North Wales Police relating to the incident (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 thereon.

The Licensing Enforcement Officer (LEO) provided a summary of the report and advised that the Driver was not present.  The matter had been deferred from the last meeting following written representations from the Driver and his instructed solicitors requesting an adjournment.  The solicitors had since advised that they no longer represented the Driver concerned.  In the absence of any explanation from the Driver regarding his non attendance; the fact that the matter had already been adjourned at the Driver’s request, and given the serious nature of the case members decided to proceed with the review in the Driver’s absence.

The Head of Legal and Democratic Services reminded members of the representations that had been made at the last meeting.  He read out a letter received from the Driver concerned in which he accepted the serious nature of the incident and wished to put the matter into the hands of solicitors.  He conveyed his apologies and deep remorse for the incident advising that a series of unfortunate events had led to its culmination.  The Driver had felt that the evidence presented had been biased against him and he wanted to prepare a defence and provide witness statements.

The LEO responded to questions from members advising that –

·        details of the member of the public involved in the incident had not been taken at the time of the event and unfortunately he could not be traced

·        confirmed there were some minor anomalies between the two statements provided by the Civil Enforcement Officers

·        Civil Enforcement Officers permitted cars to park for up to ten minutes in the parking bay before issuing a Penalty Charge Notice

·        it was not known whether the Driver had paid the Fixed Penalty Notice issued by the Police but had indicated in his statement that he intended to do so.

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. 048997 be revoked on public safety grounds.

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

Members carefully considered all the evidence presented including written representations previously submitted by the Driver as part of his adjournment request at the last meeting. Serious concerns were expressed regarding the behaviour exhibited by the Driver during the incident; in particular his aggression towards the Civil Enforcement Officers and a member of the public present together with the foul and abusive language used which demonstrated an issue with his management of anger.  This incident had occurred whilst the Driver was on duty and in a public place witnessed and overheard by the public and possibly children.  Members noted that North Wales Police had seen fit to issue a Public Order Offence Fixed Penalty Notice which corroborated to a certain extent the incident as described in the report.  It was noted that the Driver himself had acknowledged in his written representations that his behaviour had been unacceptable.  Members also noted that a previous adjournment of the case had been permitted and no explanation had been provided by the Driver regarding his non attendance.  The committee’s overriding consideration was for public safety and in light of the Driver’s behaviour as described it was agreed to revoke the licence with immediate effect in the interests of public safety.

The meeting concluded at 11.00 a.m.