Minutes:
The Sub-Committee gave consideration to a report presented by the Licensing Officer (previously circulated) in which determination was sought in respect of a review of a Hackney Carriage Proprietor’s Licence.
The licence holder did not attend the meeting in person nor were they represented. The Licensing Officer had received an email on the morning of the Sub-Committee from the licence holder to say they had retired two weeks previous and were now looking to sell the business. The Licensing Officer had then responded to confirm that all signage on the licensed vehicles should be removed, and the taxi licence plates returned to the Council.
Arising from consideration of the report, evidence presented and in accordance with the Council’s procedure for hearings, it was moved by Councillor Hayes and seconded by Councillor Sanders, and
RESOLVED that the licence holder’s Hackney Carriage Proprietor’s Licences be revoked with immediate effect under Section 60(1)(c) of the Local Government (Miscellaneous Provisions) Act 1976, and no further licences should be issued by Teignbridge District Council which relate to the driving or operation of hackney carriage and private hire vehicles or being the proprietor to any existing or future vehicles that may be licensed, in order to promote public safety due to the conduct of the licence holder as set out in the Report. The Sub-Committee felt there was reasonable cause to support its view that the licence holder is not a fit and proper person to hold such a Licences.
Reasons for the decision:
Members noted the information set out in the Report relating to the licence holder’s conduct over a number of years. The licensing team have received numerous complaints over the years however the complainants have been reluctant to take these further due to fear of reprisals.
The licence holder had their Hackney Carriage/Private Hire driver licence renewal refused in 2018 which was appealed. The Licensing Authority’s decision that the licence holder was not a fit and proper person to hold a driver’s licence was subsequently upheld by committee at an appeal hearing.
The Sub-Committee then heard that in 2020 the Police were involved in investigating a complaint against the licence holder relating to harassing behaviour towards a neighbour. The Police also had concerns about the licence holder’s general attitude to rules and regulations. The Sub-Committee heard that there had been numerous reports of the licence holder collecting members of the public in unlicensed vehicles and charging for these trips, the most recent being in February 2024.
The Sub-Committee further heard that in May 2023, Teignbridge District Council had successfully prosecuted the licence holder for employing an unlicensed driver. The unlicensed driver employed by the licence holder behaved unacceptably towards young female passengers which resulted in a complaint to the Police.
Applying the test of whether Members of the Sub-Committee would be happy for a person they cared about or a vulnerable person to travel alone in a vehicle with the licence holder, or someone the licence holder had employed, it was concluded that they would not. The Sub-Committee noted its overriding duty to the public, and of the importance of protecting the public and of public safety and considered that, on balance, there was significant cause to show that the licence holder was not a fit and proper person to hold a Licence.
The licence holder has repeatedly shown disregard for the rules by picking up fares when they do not hold a driver’s taxi licence alongside displaying a serious lack of judgement by employing an unlicensed driver. The Sub-Committee were also very concerned with the number of allegations of aggressive and abusive behaviours that had been received and the length of time over which these had occurred. All behaviours evidenced in the report fell well below that expected of someone responsible for upholding the safety of the general public. The Sub-Committee also felt that the lack of attendance at the committee meeting to provide any explanation to what had been set out in the report, showed a lack of remorse and also that the licence holder did not appear to care there was the potential for the licence to be revoked.
The Sub-Committee therefore considered given the circumstances of this case that it be reasonable and proportionate to revoke the licence holder’s Hackney Carriage Proprietors Licences with immediate effect and also felt it had no choice but to refuse any further licences to be held with Teignbridge District Council which related to the driving or operation of hackney carriage and private hire vehicles or being the proprietor to any existing or future vehicles that may be licensed.