Agenda item

The Licensing Enforcement Officer submitted a report and explained that the Licence Holder was first licensed as a Private Hire Driver on 22rd September 2014.

On 3^rd April 2018, the Police informed the Licensing Department of an incident that took place 2 days prior; The Licence Holder had been followed on CCTV driving through the town centre attempting to, and succeeding in picking up passengers. Once stopped by the Police at approximately 03:00, he admitted to locking a passenger in his vehicle because they had assaulted him. The Police found his account inconsistent so challenged him as to why he did not call the Police, or stop one of the officers patrolling the town centre. The Police then contacted the operator who advised that the Licence Holder booked off duty at 01:30 and should not have been picking up passengers after that time, especially those not pre-booked.

On 10^th April 2018 the Licensing Department contacted the operator and requested the Licence Holder’s bookings from 31^st March to 19^th April 2018. The operator was made aware that the Licence Holder’[s Private Hire Vehicle plate had expired on 31^st March 2018; the plate was renewed on 3^rd May 2018 but the operator had continued to take bookings and distribute he was driving his unlicensed vehicle during those times. A verbal warning was issued to the operator for this, a change in personnel introduced and the operator’s records have been continually monitored by Licensing Enforcement Officers since.

On 19^th April 2018 the Licence Holder was interviewed under caution. After being shown several pieces of CCTV of him driving around the town centre approaching lone females, he denied that he was attempting to pick up un-booked passengers and explained that he was driving around the town centre whilst on the phone to members of his family after booking off with his operator.

The Licence Holder had previously come to the attention of the Licensing Department. On 7^th October 2015 he attended a Licensing Committee hearing following a conviction for assault. On 20^th June 2017 his vehicle was stopped during a multi-agency check; it was suspended for missing front and rear wheel nuts. On 10^th April 2018 he was issued with a warning letter following a complaint regarding reckless driving. On 26^th July 2018 a warning letter was issued to the Licence Holder following a DVLA check which revealed a driving offence committed on 17^th April 2018 This was a false declaration as he failed to disclose it to the Licensing Department. On 5^th November 2018 the Licensing Department received a complaint relating to dangerous driving on the Licence Holder’s part.

The Licence Holder addressed the Committee and explained that on 1^st April he finished his last job at 01:30 and spent some time on the phone to his brother who had recently suffered a heart attack. At the time he was in the immediate vicinity of Saffron, Castilian Street. A man and woman then entered his vehicle and asked to be taken to Abington. When he refused, the man grabbed and threatened him. He proceeded to drive down St Giles Street to HSBC on George Row, opened his window and called for somebody to contact the Police. At this point, he stated that the man hit him and both passengers left the vehicle and ran away. He was then approached by a bouncer who advised him to call the Police. After some time the Police arrived and suggested that he go to the hospital; he did not.

Members asked the Licence Holder why he did not remove the plate and bubble from his vehicle after his shift ended. He explained that he was upset and distracted; he had been speaking to his brother on the phone whose health was very poor at the time. He stated that he did not want to go home and possibly wake up his family so stayed in the town centre for approximately 2 hours. The Licence Holder further advised that the 2 unsolicited passengers in his vehicle were there for roughly 20 minutes. When asked why he returned to Saffron, he stated that his friend lived nearby and that he regularly spent a lot of time there.

Regarding the failure to declare his speeding offence on 17^th April 2018, the Licence Holder explained that he had returned from holiday and the M6 motorway was very busy and he had not noticed the change in speed restrictions.

Relating to the 5^th November incident, officers explained that the Licence Holder had been invited to an interview but had been out of the country so no date had yet been set.

Members retired at 19:55 to make a decision.

The meeting reconvened at 20:10.

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 is not satisfied with his account of events on the night in question and believe that the incident occurred as reported by the police and shown in the CCTV footage viewed by the Licensing Officer.  They therefore found that he had been approaching lone females in the town centre, possibly for the purpose of plying for hire.  In any event, they considered this behaviour to be inappropriate and a cause for concern.  The members could not understand what legitimate reason he had for behaving in this way and did not find his explanation of events credible.  Members were particularly concerned as to why there was a ‘baby talk sex line’ card visible in the vehicle, noting that no explanation had been given as to why it was there.  Members did not consider that it was appropriate for such an item to be visible in a private hire vehicle and that many passengers could be offended by such material.

Members were also concerned that he had driven an unlicensed vehicle for 19 days and was unaware of this until told by Licensing Officers.  Members stated that private hire drivers should know whether the vehicle they drove was licensed or not and the fact that the expiry date was written on the plate on the back of the vehicle meant there was no excuse for not having known. 

Members also considered the Licence Holder’s lengthy history of contraventions including the assault on a traffic warden, missing wheel nuts, allegation of reckless driving and undeclared speeding offence.  They noted that the range of contraventions included licensing law, assault and road traffic offences.  

Taking account of all these matters together there were clear grounds and a reasonable cause to exercise the powers under section 61(1) of the Local Government (Miscellaneous Provisions) Act 1976 and, given the number and range of contraventions, there was no sensible course of action other than to revoke his Private Hire Drivers licence.

Accordingly, the Committee REVOKES the Licence Holder’s private hire driver’s licence.

Reasons

As stated above, the Committee is satisfied that the incident occurred, does not accept the Licence Holder’s explanation and they also note the history of contraventions.