Agenda item

(The report will contain exempt information under the Local Government Act 1972, Schedule 12A, Paragraph 3  -  Information relating to the financial or business affairs of any particular person (including the authority holding that information)

To advise the Committee of a complaint lodged by a Member of the Public against a licensed private hire vehicle driver (MT).

Recommended                 (1)   That the Committee determine whether the facts related in the complaint are substantially true;

                                            (2)   That having made a finding of the facts, the Committee decide whether those facts reveal the Driver (MT) to have acted either unlawfully or in breach of any legislation, regulation or licence condition governing the conduct of licensed private hire vehicle drivers; and,

                                            (3)   That the Committee determine what action, if any, should be taken against the Driver (MT).

Exempt information under the Local Government Act 1972, Schedule 12A, Paragraph 3  -  Information relating to the financial or business affairs of any particular person (including the authority holding that information)

The Licensing Manager, on behalf of the Executive Director (Legal and Democratic Services) submitted a report informing the Committee of relevant issues relating to a licensed joint vehicle driver (MT).  A complaint had been lodged by a member of the public against the driver and was set out in the report.  The following documents were appended to the report:-

Appendix 1  -  Copy of final written warning letter

Appendix 2  -  Copy of a witness statement

Appendix 3  -  Copy of the driver’s statement

The following additional documents had been circulated to the Committee at the request of the driver:-

(i)         Statement of Truth from the driver

(ii)        Statement of Truth from employee of Max Cabs

(iii)       Copy of log of voice calls made from driver’s mobile phone

(iv)       Photograph of Max Cabs log entry of taxi booking call received

(v)        Mobile phone photograph of torn fare payment notes

(vi)       Transcript of telephone call made by the complainant’s partner to Max Cabs

about the incident

Attention was drawn to Appendix G (Policy on the Relevance of Convictions and Cautions) of the Hyndburn Borough Council Hackney Carriage and Private Hire Licensing Policy 2013-2016.  Legal advice on the relevance of the complaint was sought by and provided to the Committee at the meeting. 

In accordance with licensing procedure, the driver (MT) and his representative had been invited to attend the meeting and in that respect, the driver and his Solicitor (JB) were in attendance.  At the request of the driver, the Max Cabs employee who had provided a Statement of Truth was invited into the meeting and spoke on the contents of his Statement and in support of the driver.  The complainant (TA) and her representative had also been invited to the meeting and in that respect, the complainant and her representative (GM) were in attendance.

The Committee was requested to:-

(a)        Determine whether the facts related in the complaint were substantially true;

(b)        Having made a finding of the facts, decide whether those facts revealed if the

            driver had acted either unlawfully or in breach of any legislations, regulation or licence condition governing the conduct of licensed private hire vehicle drivers;  and,

(c)        Determine what action, if any, should be taken against the driver.

Decision of the Committee:-

Resolved                           (1)   That the complaint lodged against the joint  vehicle driver (MT) be upheld.  The Committee had not accepted the evidence provided by the driver or the complainant unconditionally but had been  satisfied that there were elements of truth in both accounts.  The Committee therefore concluded that on the balance of probabilities the circumstances favoured the complainant in that the behaviour of the driver was inappropriate and therefore merited a suspension of his joint vehicle driver licence;  and

                                            (2)   That, as the conduct of the driver (MT) had been inappropriate and not that expected of a licensed joint vehicle driver, his licence be suspended for a period of fourteen days pursuant to Section 61(1)(b) of the Local Government (Miscellaneous Provisions) Act 1976 and for the reasons outlined at the meeting and set out in the decision notice.