Issue - meetings

Conduct of a Private Hire / Hackney Carriage (Joint) Driver

Meeting: 27/07/2017 - Licensing Sub-Committee (Item 4)

Conduct of a Private Hire / Hackney Carriage (Joint) Driver

For Members to consider the conduct of a Private Hire / Hackney Carriage (Joint) Driver and determine whether he is fit and proper to continue to hold such a licence.

Additional documents:

Decision:

That the Licence Holder remained a fit and proper person to continue to hold a Private Hire/Hackney Carriage (Joint) Driver Licence under the Local Government (Miscellaneous Provisions) Act 1976.

Minutes:

The Licensing Team Leader presented the report to consider the conduct of a Private Hire/Hackney Carriage (Joint) Driver and to determine whether he remained a fit and proper person within the meaning of the Local Government (Miscellaneous Provisions) Act 1976 to continue to hold such a licence. 

 

The Licensing Team Leader provided background information and referred to a hearing of the Sub Committee which had been held on 3 April 2017.  She advised that following the Sub Committee hearing, information was received from the Notifiable Occupations section of North Wales Police (NWP) which had been disclosed for the purpose of informing the Licensing Section of a potential risk.  The matter was referred to the Licensing Sub Committee as the incident had happened prior to the hearing on 3 April 2017 and it was felt that the Panel should have been given the opportunity to take this into consideration at that meeting.

 

                        The Chairman asked the Licence Holder to explain the circumstances of the incident as detailed in the report.  The Licence Holder explained that it had been alleged that he had acted inappropriately when he had taken a passenger to her home address.  He denied the allegation and said he had “gone out of his way” to provide assistance to the passenger and had helped her by carrying her shopping to her door.   The Licence Holder said he was surprised by the complaint because he had been sociable with the customer but had not made any personal remarks or gestures towards her.  When questioned by the Chairman the Licence Holder confirmed that he had given the customer a “peck on the cheek” as he said goodbye to her to return to his vehicle but said he had not intended to cause offence.  He explained that he regarded his action as normal “sociable” behaviour and said he enjoyed his job and meeting people.  When questioned further the Licence Holder said he did not know the customer and had not taken a “booking” for her previously.  The Licence Holder acknowledged, that his behaviour may be deemed inappropriate. .  

 

The Panel questioned the Licence Holder and Private Hire Operator regarding the follow-up action which had been taken by North Wales Police. 

 

The Solicitor asked the Licence Holder to explain why he had failed to disclose the allegation at a previous hearing.  The Solicitor questioned the Licence Holder further about his actions when he had taken his customer to her home address. The Licence Holder and the Private Hire Operator confirmed that whilst the incident had occurred prior to the hearing the allegation had not been made known to either party until after the hearing on 3 April 2017.  When asked, the Licence Holder replied that he considered himself to be a fit and proper person to hold a licence and reiterated that he enjoyed his job and provided assistance to his customers if necessary and engaged with them in a social manner. 

 

The Panel asked the Licence Holder why he had not reported  ...  view the full minutes text for item 4