Agenda item

The Sub-Committee considered the report which sought consideration of information and complaints received regarding the behaviour of Mr S during the term of his hackney carriage/private hire driver's licence.  Then to consider what action, if any, should be taken.

Mr S was present.  The Chair read out the procedure to ensure Mr S understood the process of the meeting.

The Public Protection Officer presented the report and stated that he had some photographs of screen shots from Mr S's mobile phone of texts sent to a female.  The Public Protection Officer circulated the photographs.  The applicant and the officer withdrew from the meeting while Members took some time to consider these.

Mr S put his case and was questioned as to what had happened.  Mr S then made a closing statement.

Following an adjournment it was

RESOLVED that the hackney carriage/private hire driver's licence in respect of Mr AVS be revoked.

Reasons for decision

Members have had to consider what action to take, if any, as a result of complaints received against Mr AVS the holder of a combined hackney carriage and private hire driver's licence.

In doing so, they took account of the Local Government (Miscellaneous Provisions) Act 1976, the Human Rights Act 1998, Home Office guidelines and the Council’s adopted policies.

Members had to consider whether Mr S remained a fit and proper person to hold a drivers licence and therefore asked themselves whether they would allow their son, daughter, spouse, partner or anyone they cared about to travel alone in a vehicle driven by Mr S.

Members heard that Mr S had been the subject of the following complaints: On 12 October 2012 allegations were made that he made physical advances towards a lone female passenger.  On 5 December 2012 Mr S was arrested on suspicion of kidnap following an allegation that a female was taken against her will.  On 6 August 2013 the police were called to an incident over a phone lost in Mr S’s taxi by one of two female passengers.  Mr S found the phone, returned it but demanded further payment claiming he had restarted the taximeter.  On arrival the police noted the females surrounded by three large male taxi drivers.  On 28 October 2013 the Licensing Authority was notified of an allegation that Mr S pressurised a lone female to get into his car then pestered her for her phone number following which he texted and called her.  Members noted those text messages were retained by the complainant who brought these to the attention of the Taxi Company and police.  Members also noted that that this incident left the complainant feeling ‘totally freaked out’ and uncomfortable when alone in her home given Mr S knew where she lived.

Whilst the Crown Prosecution Service decided not to take matters further Members noted the following correspondence from the Licencing Officer.  On 8 January 2013 Mr S was advised a report had been received from the Police regarding his conduct, the matter had been placed on file and any further complaint might lead to him appearing before the Licensing sub-Committee.  On the 16 September 2013 Mr S was issued with a final warning as a result of a further complaint.  On 16 October 2013 Mr S was advised in writing that due to an allegation relating to kidnap, he was referred to the Licensing Sub-Committee to determine whether he continued to be suitable to hold a licence.  Since that letter the Authority had been notified of a further incident of inappropriate behaviour towards a lone female and on 7 November 2013 Mr S attended Council offices to make a statement.

Mr S stated he did not make any advances towards females.  On 5 December 2012 he recalled some confusion over the destination and that they all got out of his taxi somewhere in Oldfield Park.  With regard to the incident on 4 October 2013 Mr S accepted he offered a female a lift and insisted she gave him her phone number.  He also accepted he phoned and texted her a number of times. 

Members were very concerned by the nature of the complaints against Mr S.  Whilst he was not convicted, or cautioned, for any offence Members took these complaints extremely seriously.  Mr S had been warned on previous occasions and each of these three additional matters showed a pattern of unacceptable behaviour.  Members found it unacceptable for a licensed driver to approach a lone female and, having persuaded her to get into his car, insist she give him her phone number.  Members therefore had doubts about Mr S’s fitness particularly having had the opportunity of reading the content of the text messages which was not in dispute. For example ‘…I felt so pressured into giving you my number.  You scared me last night.  Please delete my number.’  Members further noted that whilst Mr S accepted it was not normal behaviour it was not until he was confronted by his manager and the Licensing Officer that he deleted the complainant’s number from his phone.

Licensed drivers provide a valuable public service and in particular for lone, vulnerable females.  Members consider that the behaviour demonstrated by Mr S called the Licensed Taxi trade into disrepute and, moreover, Mr S’s fitness to continue to hold a licence. Accordingly, as Members’ priority was public safety, Mr S’s licence was revoked. This step was taken because of the nature and seriousness of the allegations resulting in Members not being satisfied that their son, daughter, spouse, partner or anyone they cared about would be safe traveling alone in a vehicle driven by Mr S.

Therefore the hackney carriage/private hire driver's licence of Mr S was revoked.