Agenda item

The Licensing Enforcement Officer submitted a report and explained that the applicant was first issued with a Private Hire Driver’s licence on 6^th December 2017. Following an incident which occurred on 31^st March 2018, he was subsequently arrested and his licence revoked with immediate effect.

The circumstances around the applicant’s arrest related to an allegation that on 30^th March 2018, he picked up a passenger at approximately 34:45. Upon arrival at the passenger’s destination, he grabbed her by the thigh, causing a bruise, and said “Come on, stay.” It was alleged that he proceeded to kiss the passenger’s mouth and cheek, pulled at her top, groped her neck and caressed her breast. She told him to get off, to which he replied, “Well, I have your home phone number now. I want to see you in 5 minutes, I will wait here.”

During his Police interview, he admitted that he was the driver of the vehicle but denied the allegation against him.

The applicant addressed the Committee and explained that on the night in question, he picked up a woman who was smoking when he arrived. She finished her cigarette and entered the vehicle. Upon nearing the destination, the passenger requested that he park in a nearby school car park; he noted that when he parked, there was a car in front, occupied by 2 people, and a camera located above his car. The passenger asked if she could smoke in his car as it was raining, the request was denied. He stated that the passenger then proceeded to repeatedly hit the dash board before exiting the vehicle, emptying her bag and falling down in the car park. He then called the Police and, upon their arrival, asked them if he should call the Council to explain what had happened; they advised that he would receive a letter from the Council in due course. The applicant maintained that he did not touch the passenger and that the mark on her leg was from falling down and not from him grabbing her.

Committee members had no questions to ask of the applicant.

Members retired at 18:27 to make a decision.

The meeting reconvened at 18:32.

RESOLVED:

The Committee has carefully considered the initial police report together with the officer’s verbal report at the meeting.  They have also listened carefully to the account given by the applicant.  Having heard his account the Committee does not believe that the incident occurred as reported and are not satisfied that there is evidence on the civil standard that the incident occurred. 

Having considered his account of events and not being satisfied that the event occurred as reported, the Committee also note that there are no convictions or other matters of complaint recorded against the applicant and, accordingly, members consider him to be a fit and proper person to hold a private hire driver’s licence and cannot see any reason why a licence should not be granted.  Accordingly, they GRANT the applicant a private hire driver’s licence subject to his compliance with all other requirements under the Council’s policies and procedures.

Reasons:

As stated above, the Committee is not satisfied that the incident occurred and they note that the account of the complainant’s injuries was not consistent with her account of events.