Issue - meetings

To consider the report of the Licensing Manager to consider whether the driver is a fit and proper person to hold a Hackney Carriage Driver’s Licence and Private Hire Driver’s Licence.

The Sub-Committee considered the report of the Licensing Manager to consider whether a specific individual is a fit and proper person to hold a Hackney Carriage Drivers Licence and a Private Hire Driver’s Licence. 

The Licensing Manager, the Private Hire Driver and his representative were present and with the consent of the Chair, addressed the meeting.

The Sub-Committee considered the decision in private session in order to receive legal advice when determining issues.

It has given due regard to the Local Government (Miscellaneous Provisions) Act 1976, “the Act”, and the guidelines relating to the application of the “fit and proper person” test and other considerations of character, in particular character references supplied by the Taxi Driver. The Human Rights Act has been borne in mind whilst making the decision.

RESOLVED: that the driver is not a fit and proper person, and given the seriousness of his actions, his licence should be suspended for a period of three months.

Reasons for Decision

The Licensing Officer addressed the Sub-Committee highlighting the complaint, the subsequent police investigation and recent guilty plea. The Sub-Committee was referred to the Taxi Policy and guidance around the fit and proper test as it relates to convictions, complaints, and patterns of behaviour. As stated above, the Sub-Committee also took into account character references that had been provided by the Taxi Driver, and the evidence provided by the complainant.

When questioned about the complaint the Taxi Driver indicated that his actions were motivated by revenge, but showed remorse for doing so. The Sub-Committee also heard testimony that, over 20 years, the driver had very few complaints.

Taking into account all of the factors discussed at the hearing, the panel considered that the Taxi Driver does not meet the ‘fit and proper’ test in order to retain a taxi driver licence. Although the driver’s previous disciplinary record was minimal, the gravity of his actions, coupled with the fact that he waited a period of time to act, aggravated the seriousness his actions. The Sub-Committee were also mindful of the fact that the driver has pleaded guilty to an offence under the Communications Act 2003, and is due to be sentenced.

The Sub-Committee were sympathetic that the driver admitted to making a grave mistake, and was ultimately a crime of passion.

The Sub-Committee considered that the Taxi Driver does not meet the fit and proper person test in terms of being able to hold a hackney carriage driver licence or private hire taxi driver licence and the licence should therefore be suspended. The Sub-Committee considered that three months is appropriate given the nature of the driver’s actions, and will act as a sufficient deterrent against future actions.

There is a statutory right of appeal against this decision to the Magistrates’ Court within 21 days of formal notification.