Agenda item

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.

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 the incident to his employer after it had occurred. The Licence Holder explained he was not aware he had caused his customer any offence and said there had been no indication, verbally or otherwise, from her at the time that he had acted inappropriately towards her.  He stated that the customer had thanked him for his assistance when he left.

The Chair allowed the Licence Holder’s employer (the Operator) to speak on his behalf.  The Operator spoke in support of the Licence Holder who had worked for his business for a number of years.  The Operator explained that he ensured his drivers maintained good standards and that his business had a good reputation.  He explained that he had taken measures to ensure the incident was not repeated and that his business did not accept future bookings from the customer. 

The Chairman asked the other interested party present if she believed the Licence Holder to be a fit and proper person to continue to hold such a licence.  The interested party confirmed she did and said the Licence Holder was a genuine, sociable person who enjoyed helping and engaging with his customers. 

The Licensing Team Leader, the Licence Holder, and the interested parties were asked to leave the meeting whilst the application was determined.

4.1       Determination of the Application

The Sub-Committee considered the allegation which had been received and all the representations made. The Sub Committee considered all the information provided to determine whether the Licence Holder remained a fit and proper person to continue to hold a Joint Driver Licence.

When considering the application, the Sub Committee had an overriding consideration for the protection of the public and this was at the forefront when making decisions of this nature. 

The Sub Committee considered the decision of the Licensing Sub Committee at a meeting which had been held on 3 April 2017.

Having considered the complaint the Sub Committee decided that no further action would be taken and that the Licence Holder remained a fit and proper person to continue to hold a Joint Driver Licence. 

                        The Licensing Team Leader and the applicant were invited to return and the meeting was reconvened.

4.2       Decision

The Chairman advised the Licence Holder that the Sub Committee had considered the complaint and had decided no further action would be taken.  The Sub Committee had determined that the Licence Holder remained a fit and proper person to continue to hold a Joint Driver Licence. 

RESOLVED:

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. 

The second hearing commenced at 10.55 am and ended at 11.55 am.