Report of the Executive Director
Minutes:
The subject of the decision:
The Panel considered whether a hackney carriage and private hire driver licence holder (“Mr B”) was a fit and proper person to continue to hold a hackney carriage and private hire driver licence.
Alternative options considered:
The Panel considered all of the options outlined in paragraph 7.1 of the Executive Director’s report.
The Panel concluded that a sanction less severe than a complete revocation would adequately serve the interests of the public but it was not satisfied that a warning would adequately address the concerns raised.
The reason for the decision:
The Panel considered evidence of an allegation that on 18 January 2016 Mr B had verbally abused a Civil Enforcement Officer employed by Scarborough Borough Council.
The Panel considered the report of the Executive Director, the Civil Enforcement Officer’s statement, the written submissions of Mr B being presented to the Panel on the day of the hearing including a letter from Mr B received on 18 March 2016 and a character reference dated 3 March 2016, having due regard to the Council’s Vehicle and Driver Licensing Policy and the relevant legislation. The Panel reached the following conclusions:
· The Panel found that Mr B’s representations were for the most part in accordance with the Civil Enforcement Officer’s statement of events.
· The Panel concluded Mr B was inconsistent in his written representations and his oral submissions on the level and frequency of offensive language used. The Panel noted that in Mr B’s letter received on 18 March 2016 Mr B denied using the offensive language in the manner described by the Civil Enforcement Officer. However Mr B admitted using the offensive language in his oral submissions during the hearing.
· The Panel was satisfied that the Civil Enforcement Officer and had no reason to provide false details of the incident to the Panel and noted the consistency of his evidence. The Panel concluded the Officer’s account of the incident was accurate.
· The Panel concluded that on the balance of probabilities Mr B had been verbally abusive to the Civil Enforcement Officer using offensive and upsetting remarks in an aggressive manner. The Panel also noted Mr B had admitted ripping up a parking ticket and throwing it in the face of the Civil Enforcement Officer. The Panel was satisfied that Mr B had breached his licence conditions and the Council’s Code of Conduct by failing to behave in a civil and orderly manner.
· The Panel was concerned by Mr B’s conduct at the time of the incident and his failure to offer an unprompted apology for his behaviour.
· Mr B’s financial circumstances was not considered relevant for the purpose of the Panel’s decision. However the Panel concluded that Mr B’s personal circumstances may have been a contributing factor to his behaviour at the time of the incident.
· The Panel acknowledged that Mr B has not been subject to a large number of complaints about his conduct since becoming a licensed driver. When considering Mr B’s previous conduct the Panel took into account the character reference dated 3rd March 2016 and provided by Mr B at the hearing. However the Panel also considered a sanction imposed by the Licensing and Appeals Hearings Panel in June 2014.
THE DECISION:
Taking account of the above and having given appropriate weight to the evidence, the Panel was concerned by Mr B’s conduct at the time of the incident and Mr B’s apparent disregard for the standard of conduct required by licensed drivers as set out in the Council’s Vehicle and Driver Licensing Policy. Accordingly, the Panel decided to impose a three week suspension of Mr B’s hackney carriage and private hire driver’s licence in accordance with section 61(1)(b) of the Local Government (Miscellaneous Provisions) Act 1976. The Panel concluded that this sanction best served the interests of the public to ensure that Mr B did not repeat this action in the future.