Review of an Existing Hackney Carriage Driver's Licence
Please refer to the non-public report circulated at ‘7’
Additional documents:
Minutes:
The Chairman made introductions and explained the procedure for the Hearing.
The Sub-Committee considered whether an existing Hackney Carriage and Private Hire Driver Licence Holder, in the Poole Zone, remained to be seen as a ‘fit and proper’ person, following a physical altercation with another licensed driver on 27 January 2020.
The Licensing Technical Officer presented a report, a copy of which had been circulated to each Member and a copy of which appears as an Appendix to these Minutes in the Minute Book.
The Licensing Sub-Committee advised that the driver had held a Private Hire Drivers Licence since 19 November 2011 and that there had been previous complaints from drivers and passengers, which included the refusal of short trips, incidents of poor driving and a previous driver dispute. The complaints had all been investigated and resolved.
The Taxi Licensing Department was made aware of a physical altercation which took place between two licensed drivers on 27 January 2020 at the George Taxi Rank, Poole. The incident was captured by CCTV and had submitted to the Sub-Committee.
The Licensing Technical Officer informed the Sub-Committee that the driver had been interviewed by the Taxi Licensing Department on 28 January 2020 regarding the incident. The driver had advised that a verbal altercation had taken place between himself and another driver, followed by a physical altercation, and he had telephoned the Police. Once the call to the Police had ended a further physical altercation had taken place. The driver had advised that he did not hit the other driver or participate in the fight as he had been restrained by a colleague, however, he had used self defence.
Two potential witnesses had been identified by the Taxi Licensing Department, one was a relation to the second driver and the other did not wish to disclose observations.
The Sub-Committee was being asked to consider whether in light of the information available, whether or not the driver was a ‘fit and proper’ person to continue to hold a Hackney Carriage and Private Hire Drivers Licence for BCP Council.
The Licensing Manager outlined the test of a ‘fit and proper’ person, and relevant guidance, and the options available to the Sub-Committee in determining the case, as detailed in the report.
The driver attended the Hearing and addressed the Sub-Committee. He was accompanied by a friend for moral support and who also acted as his translator.
The driver provided more detail about the circumstances relating to the altercation with another driver. He explained that the other driver had sworn at him and had attacked him. He explained that he had telephoned the Police and that he had visited the hospital for his injuries. The driver submitted photographic evidence of his facial injuries, which had been taken at the hospital.
The Sub-Committee viewed the CCTV footage of the incident.
Members of the Sub-Committee asked various questions to all parties present at the Hearing.
The Legal Adviser asked the Licensing Technical Officer to confirm the number of complaints that ... view the full minutes text for item 112