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 Driver’s Licence.
The licence holder did not attend the meeting in person nor were they represented. The Licensing Officer had received an email the day before the committee informing the Council that they had retired two weeks previous. 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 Driver’s Licence be revoked with immediate effect under Section 61(1)(B) 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 Licence.
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. Complaints relate to verbal and physical threats and intimidation. In October 2023, two complaints were received from taxi drivers of verbal personal abuse.
The licence holder has been on Teignbridge District Council’s Employee Protection Register since 2018 following threats of violence made towards a staff member during a telephone conversation. Further abusive language directed towards other Teignbridge drivers was also recorded during another telephone conversation in 2018.
The Sub-Committee then heard that in 2018 the Police had stopped the licence holder for driving with no insurance.
In September 2022, the licence holder’s husband allowed an unlicensed driver to pick up passengers. This driver made inappropriate comments to underage female passengers and a complaint was made to the police. The licence holder then went against police instruction and visited the complainant’s family at their home. The licence holder apologised and said they would not use the driver again, indicating that they were aware an unlicensed driver had been representing the company.
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, 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 Sub-Committee were 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. The Sub-Committee also felt that a serious lack of judgement had been shown by the licence holder when ignoring the Police request not to go to a customer’s house. 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 Drivers Licence 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.