Agenda item

To consider a report of the Assistant Executive Director Environmental Enforcement.

The Assistant Executive Director of Environmental Enforcement submitted a report requesting that the Panel considered whether the licensee was a fit and proper person in accordance with the provisions of Section 61 of the Local Government (Miscellaneous Provisions) Act 1976.

The Panel considered the written information submitted and heard the Licensing Manager’s case.  The Licensing Manager stated that the licensee had held a hackney carriage driver’s licence with the Authority since April 2005.  In April 2014 a complaint was received in relation to the manner of their driving; they were spoken to about this matter and were issued with a written warning.  In January 2015 a second complaint was received in relation to the manner of their driving; they were spoken to about this matter and issued with a further written warning.  On 2 March 2017 a third complaint was received about the manner of their driving.  They were spoken to about this and were informed in writing that they were required to undertake an independent driving assessment in addition to a free driver training seminar “Professionalising the Taxi Trade”.

The letter specified that they needed to comply with these requirements by 16 May 2017; they had not complied with the requirement for a driving assessment nor had they attended the seminar therefore they appeared before the Speakers Panel (Licensing).

Having heard the Licensing’s Manager’s case the licensee, their representative and the Panel were provided with the opportunity to ask questions.

The licensee’s representative then addressed the Panel and explained that the licensee did not feel it was a reasonable request to be asked to undertake an independent driving assessment.  They had denied each of the three complaints and had provided a detailed account on each occasion to the Licensing Department.  The representative highlighted that the licensee had a clean driving licence and was a good competent driver.  The representative had spoken to both the owner and manager of the firm the licensee worked for who both confirmed that they had received no complaints.

The representative told the Panel that the licensee had been re-issued with their hackney carriage driver’s licence on 13 March 2017 despite the complaints against them, which demonstrated that the licensee was a “fit and proper” person.

The licensee provided the Panel with their version of events surrounding the three complaints and explained that there had been no further complaints since 2 March 2017.  They felt that the complaints were not justified and there was no evidence.  They explained that they had tried to book on the training seminar “Professionalising the Taxi Trade” but there had been no available spaces.

Following the licensee’s case Panel Members and the Licensing Manager were provided with the opportunity to ask questions.

At this juncture the licensee, their representative andthe Licensing Manager left the meeting whilst the Panel deliberated on the review.  The Solicitor to the Panel and the Senior Democratic Services Officer remained in the meeting to give legal and procedural advice and took no part in the decision making process.

The Panel considered all the information presented at the hearing and were mindful that it was their responsibility to ensure the public’s safety and the proficiency of driver’s.  They therefore resolved that the licensee retain their hackney carriage driver’s licence with the proviso that they undertake an independent driving assessment within three months.  Failure to comply with this condition would result in a further attendance at a Speakers Panel (Licensing).

RESOLVED:

That the review of Hackney Carriage Driver Licence 1/2017 be determined by the licensee undertaking an independent driving assessment within three months.