Agenda item

Mr KR confirmed that he had understood the procedure to be followed for the hearing.

The Senior Public Protection Officer summarised the report and provided Members with a video of the recent incident which they all watched.

Mr KR stated his case and was questioned by Members.

Following an adjournment the Sub-Committee:

RESOLVED that Mr KRreceive a stern warning as to his future conduct and behaviour as licensed drivers should act both lawfully and as ambassadors for the City and District.

Reasons for the decision

Members have had to determine what action to take, if any, against the holder of a combined Hackney Carriage/Private Hire Driver’s Licence having received complaint about his conduct.  In doing so they have taken account of the Local Government (Miscellaneous Provisions) Act 1976, Human Rights Act 1998, case law and the Council’s Policy.

Members gave careful consideration to the licensee’s oral representations, his written statement and balanced these against his disciplinary record as a licensed driver and the information contained in the complaint which included video evidence.

Accordingly Members had to decide whether or not the licensee continued to be a fit and proper person to hold a licence taking into account all the circumstances which included the current complaint, his driving history and character.  Members further noted that case law states the economic wellbeing of the licensee is irrelevant and that it is the protection of the public that is of the utmost importance.

Members noted that Mr KR had been licensed as a Hackney Carriage/Private Hire Driver since 1997.  In that time the Licensing Office has received three complaints.  The first matter was on 4 June 2014 and related to him starting the taxi metre before making contact with the customer and being aggressive and abusive towards her.  The second, on 23 October 2015, related to a complaint that he drove his vehicle towards a person crossing the road shouting “why don’t you get out of the fucking road.”  The current matter involved a cyclist in George Street on 25 November 2016.  A video taken at the time shows the licensee shouting ‘move, move or get run over’ towards a cyclist.  His vehicle is then seen to move forward appearing to strike and or intimidated the cyclist causing him to stumble.

The licensee stated he is not proud of what happened.  He said he was in a line of traffic and had pulled out to go down Milsom Street.  The cyclist was overtaking stationary traffic and as he passed had lashed out at the mirror on the driver’s door.  The licensee said he was initially worried because he had nearly hit the cyclist off his bike, then upset that the cyclist had tried to damage the mirror on his vehicle and then frustrated that the cyclist was preventing him from moving.  The licensee said that during the verbal exchange his vehicle lurched forward because his foot had slipped off the brake.  The pair then moved on to Milsom Street to get out of the way of the traffic where the matter ended amicable.  The licensee stated at no time did he touch or come close to touching the cyclist.

With regard to the other matters the licensee stated there were no witnesses and the lady was happy to pay the fare.  He denied being aggressive and had since carried the same lady in his vehicle.  With regard to the second incident the gentleman walked out in front of him and he had to stop.  The licensee stated at no time did he shout at the pedestrian. 

Members took a dim view of the conduct of the licensee, which in a relatively short space of time has attracted 3 complaints each involving aggressive words or behaviour.  Whilst noting the incident on 25 November 2015 ended amicably they were nevertheless extremely concerned about the words and images contained in the video.  Not only is the licensee seen shouting out of his vehicle’s window but the vehicle is also seen lurching towards a vulnerable road user following a threat to run him over.  Members, however, cannot be sure whether contact was made between the taxi and cyclist.  In any event, Members find it highly unlikely that as a professional driver the licensee’s foot would have slipped off of the brake pedal and therefore find the licensee’s explanation fanciful.  In conclusion Members find the licensee’s words threatening and that he used his vehicle as a weapon to intimidate the cyclist immediately following the threat causing the cyclist to stumble.

Members reminded themselves that the protection of the public is their primary concern.  Further, that Bath and North East Somerset Council expects all licensed drivers to act both lawfully and as ambassadors for the City and District.  In all the circumstances, however, Members resolved to deal with the matter with a stern warning as to his future conduct.