Agenda item

The Senior Public Protection Officer summarised the updated report and invited the Sub-Committee to determine the issue.  The Senior Public Protection Officer provided Members with copies of the statement from Mr J R with his version of events leading to the Caution, together with a copy of the Police Caution. The meeting was adjourned to allow Members time to read these documents.

After the meeting reconvened, Mr J R stated his case.  Mr J R said that he had made a mistake and that he was one to blame.  Mr J R apologised for his actions on 17th August 2015 and added that this was a one off incident which had happened whilst he was off duty.

Mr J R made a closing statement by saying that he had learnt a lesson and apologised for his actions on 17th August 2015.

Following an adjournment, it was RESOLVED to issue Mr J R with a stern warning in relation to his conduct.

Reasons

Members have had to determine what action to take against a licensed driver having obtained a caution during the course of his Hackney Carriage/Private Hire Driver’s Licence.  In doing so they took account of the Local Government Miscellaneous Provisions Act 1976, Human Rights Act 1998, case law and Council Policy.

This matter came before the LSC on 15th December 2015 when the Licensee failed to attend and whilst the Licensee had consented to the matter being dealt with in his absence Members were concerned about the circumstances of the matter and deferred for his attendance.

Members took into account the Licensee’s oral representations, statement and balanced these against the formal police caution.

The Licensee was very apologetic towards the LSC for his conduct and said that he had expressed his remorse to the Licensing officers and the police involved in the incident. He explained that he was off duty when the incident took place, that it was out of character and that he has taken steps to improve his lifestyle since. Furthermore, he informed Members that he had learnt his lesson.

Members noted that the Council’s Policy states that a licensee is expected not to have been cautioned by the police within the previous 2 years. Members were mindful that each case will be decided on its own merits and may depart from the policy where there are reasons for doing so. In this case the formal police caution was received in September 2015. Whilst this falls squarely within the policy Members felt that there were reasons to depart from it, those reasons being Mr J R’s remorse, the fact that this was a one off incident that was out of character; Members were satisfied Mr J R had learnt his lesson and had taken steps to avoid this happening again.  Members therefore took the view that Mr J R remained a fit and proper person to hold a combined Hackney Carriage/Private Hire Driver’s Licence however, they took a very dim view of his behaviour and therefore issued Mr J R with a formal warning in relation to his future conduct.