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. 047857.

RESOLVED that a formal warning be issued to Driver No. 047857 regarding the seriousness of the incident and to his future conduct.

[This item was brought forward on the agenda with the consent of the Chair]

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

(i)           the suitability of Driver No. 047857 to hold a licence to drive hackney carriage and private hire vehicles;

(ii)          an allegation of assault having been made against Driver No. 047857 on 11 August 2014 which was subsequently investigated by Licensing Enforcement Officers (a summary of facts together with witness statements and associated documentation had been attached to the report);

(iii)         the Licensing Committee on 3 December 2014 having deferred consideration of the Driver’s suitability pending the outcome of criminal proceedings in this case (details of which had been attached as a supplementary 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 Driver was in attendance at the meeting accompanied by his legal representative and his employer.  Following introductions the Driver confirmed he had received the report and committee procedures.  The Licensing Enforcement Officer (HB) introduced the report and detailed the facts of the case.  CCTV footage of the incident subject of the report was shown to the Licensing Committee and replayed a number of times throughout the hearing at members’ request.

The Driver’s legal representative submitted a number of written references attesting to her client’s good character and advised that he had been working as a taxi driver without previous incident.  She explained the circumstances surrounding her client’s plea basis at the Magistrates Court and his willingness to accept his part in the incident and take responsibility for his actions.  In further mitigation she detailed her client’s version of events leading up to and during the incident captured on CCTV together with his genuine remorse.  In considering the evidence presented she highlighted a number of anomalies in the witness statements provided and argued against the credibility of those witnesses which could not be relied upon.  Consequently she argued that, taking into account the circumstances of the case, her client’s reaction was understandable, albeit completely out of character, and that he was a fit and proper person to hold a taxi licence.

Members put questions to the Driver regarding his version of events including his view of the incident and outcome of the criminal proceedings in this case.  The Driver acknowledged that his conduct had been unacceptable, expressing his deep regret over the incident and was extremely apologetic.  The Driver had the full support of his employer who spoke on his behalf and responded to questions regarding his employment confirming he was a valued employee.  He also referred to his frustrations regarding elements of the Rhyl taxi trade in general causing dissent and friction between licensed drivers.

The legal representative made a final statement summing up her earlier submissions attesting to her client’s good character, highlighting the extreme situation he had faced, and his sincere regret and willingness to take responsibility for his actions.  She appealed to the committee not to remove the licence arguing there was no legal basis to suspend or revoke in this case.

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

RESOLVED that a formal warning be issued to Driver No. 047857 regarding the seriousness of the incident and to his future conduct.

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

During deliberations members considered the seriousness of the incident and whilst grave concerns were expressed over the Driver’s behaviour in this case, his version of events and mitigation was accepted by the Licensing Committee, and he was considered fit and proper to hold a licence.  Members had considered the Driver humble and genuinely sorry for his actions which he had taken responsibility for.  The references attesting to the Driver’s good character and valuable service had also been taken into account.  However, whilst understandable, the behaviour exhibited by the Driver whilst on duty was clearly unacceptable and had brought the Council into disrepute.  Consequently it was agreed to issue the Driver with a formal warning regarding the seriousness of the incident and to his future conduct.

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