Agenda item

Review of Private Hire Driver's Licence

Minutes:

The Licensing Enforcement Officer submitted a report and explained that the Licence Holder was first licensed as a Private Hire Driver on 4th July 2016. On 9th December 2017 a complaint of illegally plying for hire was received by the Licensing Department. The Licence Holder was interviewed under caution on 20th December and invited to attend a Licensing Committee to determine whether he remained a fit and proper person to hold a Private Hire Driver’s licence.

 

The Licence Holder had previously come to the attention of the Licensing Department; after being caught illegally plying for hire on 1st October 2016, he signed a written caution and attended a Safety Awareness Course on 6th February 2017. Due to having attended a Safety Awareness Course, this option was no longer available to him.

 

The Licence Holder addressed the Committee and stated that on the night of 9th December, he noticed an elderly couple trying to flag down a hackney cab with no success. The male was laying on the pavement and the lady was limping. When they asked him for assistance, he explained to them that they would need to call the operator and book. When they told him their phone batteries were flat, he called the operator for them. An automated recording advised that he was 8th in the queue and to expect to be dealt with within 15 minutes, so he asked the couple where their destination was. It was less than 1 mile so he took them to their destination without charge.

 

With regard to the previous incident of plying for hire, the Licence explained that he had been a Private Hire Driver for a number of weeks at the time; a lone female was asking to be taken a short distance through the town centre. He stated that “nights out” were not commonplace in his country so agreed to take the woman because he was concerned for her safety. After reaching the destination, the woman identified herself as a Police Officer and explained that he had committed an offence.

 

In response to questions, the Licence Holder stated that he wanted to help the elderly couple; he accepted his mistake, had apologised and would ensure that he conducted himself better in the future.

 

The Solicitor explained to Members their options and the relevant test to be applied; whether the licence holder was deemed to be a “fit and proper person” to continue to hold a licence as a Private Hire Driver or whether there were reasonable grounds to suspend or revoke his licence, and the relevant provisions of the Council’s policy on convictions.

 

Members retired at 19:00 to make a decision.

 

The meeting reconvened at 19:16.

 

RESOLVED:

 

The Committee has carefully considered the complaint together with the officer’s verbal report at the meeting.  They have also listened carefully to the account given by the Licence Holder. Having heard his account the Committee find that he clearly accepts that he took a fare without a booking.  

 

At the time of taking the fare he was not licensed to drive a hackney carriage vehicle and neither was the vehicle concerned licensed for that purpose.  This amounts to two separate offences under the Town Police Clauses Act 1847.  Members note that he said that he took the fare out of concern for the couple but there is no evidence before them that they were at any particular risk. 

 

The members therefore believe that the Licence Holder was actually plying for hire on a second occasion.  The Licence Holder had attended the safety awareness course and was therefore aware of the circumstances in which he can take a fare and the risks of not complying with the law.  This offence occurred less than 12 months after attending the course.  Members found this to be an aggravating factor and he has clearly not learned his lesson.  

 

For these reasons and having viewed the second contravention as serious, members had no alternative but to suspend the licence for a period of three months.  Had there been clear evidence that his insurance policy was not valid at the time then the sanction would have been greater, possibly even a revocation of his licence.  Accordingly, the Licence Holder’s licence is suspended for a period of three months.

 

Reasons

As stated above, this is the second offence by the Licence Holder, he had attended the safety awareness course and knew that it was an offence.