Please refer to the non-public report circulated at ‘6’
Minutes:
The Chairman made introductions and explained the procedure for the Hearing.
The Sub-Committee considered whether an existing Hackney Carriage and Private Hire Drivers 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 15 October 2014 and that there was one previous complaint on file from 2018 regarding the maintenance of his vehicle.
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 which had been 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 admitted in participating in a fight with another driver. A potential witness to the incident did not wish to disclose observations.
The Sub-Committee was being asked whether in light of the information available, to consider 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 and answered questions asked of him.
The driver provided more detail about the circumstances relating to the altercation with another driver. He explained that the other driver had used bad words and bullying behaviour towards him and that he had acted in self-defence.
The Sub-Committee viewed the CCTV footage of the incident.
Members of the Sub-Committee asked various questions from all parties present at the Hearing.
All parties were given the opportunity to sum up before the Sub-Committee retired to make its decision.
The Sub-Committee adjourned at 12:26 and agreed to defer its decision making in this matter until they had heard from the next driver who was also involved in the incident.
The Sub-Committee reconvened at 3.04pm to give its decision.
RESOLVED that
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. However, it is clear from the Byelaws that drivers should behave in a civil and orderly manner and clearly this was not displayed during this incident.
The Sub-Committee feel that a driver for BCP Council, should behave in an exemplary manner at all times and take a dim view of this type of behaviour. It is not a driver’s role to enforce Council Policy, and actions should be limited to reporting any concerns about other drivers to the Licensing Department, who will make the appropriate investigations.
It is the decision of the Sub-Committee that the Driver be issued with a warning letter to remind him of expected behaviour, the Bylaws contained in the Blue Book and the ‘Taxi Driver Etiquette Guide’. The letter will remain on record and will be referred to in the future should any further incidents occur.
Right of Appeal
There is no right of appeal against this decision.