Report of the Executive Director
Minutes:
The subject of the decision:
The Executive Director asked the Panel to consider whether to take any action against a hackney carriage and private hire driver licence held by the licensee (“Mr H”).
Alternative options considered:
The Panel considered all of the options outlined in paragraph 7.1 of the Executive Director’s report.
The Panel was satisfied that in order to serve the public interest it was not necessary to suspend or revoke Mr H’s licence but it would not be appropriate to take no action at all in light of the concerns raised.
The reason for the decision:
The Panel considered the officer’s report, Mr H’s oral representations, the Council’s Hackney Carriage and Private Hire Licensing Policy and the relevant legislation.
The Panel heard evidence in relation to complaints made to the Council regarding Mr H’s driving manner. The Panel heard evidence that on 8th September 2015 a taxi operator claimed to have terminated Mr H’s contract of employment on the basis of complaints received regarding Mr H’s driving manner. Mr H informed the Panel that he was not aware of any complaints at that time and that no contract of employment had existed but the arrangement had terminated for different reasons. The Panel accepted Mr H’s assertion that there was no formal employment but it was satisfied that the arrangement between Mr H and the operator was sufficient to be regarded as such for the purposes of the hearing. In light of the conflicting versions of events provided by the two parties, the Panel was satisfied that, on its own, the information provided by the operator was not necessarily an accurate indication of Mr H’s driving manner.
The Panel considered two further complaints made by two taxi drivers on 21st March 2016 regarding Mr H’s driving manner. The complaints referred to Mr H’s driving speed and dangerous manoeuvres. Mr H informed the Panel that he did not believe he had been driving too fast, nor did he think he had carried out any dangerous manoeuvres. The Panel was satisfied on a balance of probabilities that the frequency and consistency of the three reports was sufficient to raise concerns about Mr H’s driving manner.
The Panel also considered evidence in respect of an incident on 1st May 2016 where Mr H’s car had collided with the wall of a bridge. The Panel considered the incident report form and Mr H’s oral and written submissions in respect of the accident. Mr H accepted that he had misjudged the turning and the Panel concluded on a balance of probabilities that, on this occasion, Mr H had been driving too fast for the conditions resulting in an accident.
The Panel noted that the Council was not in receipt of any direct complaints from members of the public in respect of Mr H.
THE DECISION:
Taking account of the above and having attached appropriate weight to the evidence, the Panel concluded that Mr H should undertake and pass a DVSA practical assessment within three months as approved by the Council’s Principal Licensing Officer. The Panel also decided to issue a formal written warning.
The Panel was satisfied that these actions would enable Mr H to retain his status as a fit and proper person to hold a hackney carriage and private hire driver’s licence but it noted that any future concerns relating to Mr H’s driving manner would need to be addressed accordingly.