Please refer to the non-public report circulated at ‘7’
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 had been received against the driver. The Technical Officer confirmed that there had been a total of three past complaints.
The driver informed the Sub-Committee that he had brought a witness to the incident with him and that he was in the waiting room. The Sub-Committee took the view that as the witness had been contacted by the Police and had refused to make a statement, it would not be necessary for him to address the Sub-Committee.
All parties were given the opportunity to sum up before the Sub-Committee retired to make its decision.
The Sub-Committee adjourned at 1.54pm to make its deliberations in private.
The Sub-Committee reconvened at 3.10pm to give its decision.
RESOLVED that
The Licensing Sub-Committee having considered the written report and verbal submissions of the Licensing Technical Officer, the verbal representations of the driver and those made through his translator, and having viewed the CCTV footage of the incident of 27th January 2020 at the George Taxi Rank, has determined that the driver is a ‘fit and proper’ person and remains suitable to continue to hold a Hackney Carriage and Private Hire Drivers Licence with BCP Council, Poole Zone.
The Sub-Committee has taken into account the guidance issued by the Institute of Licensing, which confirms that the function of licensing, and therefore the Council, is to protect the public and any bar set when considering a driver should be at the highest level. The Licensing process places a duty on the Council to determine the suitability of any driver.
Reasons for the Decision
The Sub-Committee feel that this was a one-off incident and that no members of the public were at risk. On this occasion they wish to take no further action against the driver.
The Sub-Committee feel that it would be beneficial if the Licensing Officer met with the driver to reissue the Blue Book and the Taxi Rank Etiquette Guide to remind the driver of how his conduct can be perceived by passengers and other drivers.
Right of Appeal
There is no right of appeal against this decision.