Minutes:
Members were asked to consider and determine the continued fitness of a licensed hackney carriage and private hire driver who had been involved in a physical altercation on a taxi rank.
Combined hackney carriage and private hire driver – 001223 and his son and legal representative Mr Ross attended the meeting and were given the opportunity to make representation.
Committee papers and reports had been provided to all relevant parties prior to the meeting.
The report detailed the following:
- a copy of a recorded interview with combined hackney carriage and private hire driver – 001223
- a copy of a letter to combined hackney carriage and private hire driver – 001223 containing details of his CRB check from May 2011
- a copy of a letter of complaint about combined hackney carriage and private hire driver – 001223.
The Chair introduced everyone present and explained the procedure to be followed during the hearing.
At the beginning of the committee hearing, documents provided by Mr Ross in support of combined hackney carriage and private hire driver – 001223 were circulated to all parties. These included witness statements, one of which was stated to be from the other male involved in the altercation with combined hackney carriage and private hire driver – 001223.
Members of the Council’s General Licensing Committee considered the above matter, full details of which appeared before members in their agenda and background papers.
The committee noted that the matter before them was to determine combined hackney carriage and private hire driver – 001223’s fitness to drive Hackney Carriage and Private Hire Vehicles.
The committee heard that combined hackney carriage and private hire driver – 001223 had held a combined hackney carriage and private hire vehicle licence since before 2003. The committee noted that the matter was before them due to combined hackney carriage and private hire driver – 001223 being involved in a physical altercation with a member of the public at a taxi rank on Stockton High Street on 8th January 2023, at approximately 18:50.
The committee heard from the licensing officer that during the incident, combined hackney carriage and private hire driver – 001223 could be seen on CCTV footage getting out of his vehicle and pushing a male to the ground, after the male lunged at the window of combined hackney carriage and private hire driver – 001223’s vehicle. The committee heard that once the male got to his feet, he appeared to have stumbled towards combined hackney carriage and private hire driver – 001223, who can be seen knocking the male to the ground with force.
The committee noted that information provided from Cleveland Police showed that they recorded combined hackney carriage and private hire driver – 001223 as the victim of the incident, not the assailant.
Mr Ross presented the case on behalf of combined hackney carriage and private hire driver – 001223.
Mr Ross explained to the committee that he could not see any part of the transcript of interview where combined hackney carriage and private hire driver – 001223 had accepted that he had punched the male. The Team Leader of the licensing department confirmed to the committee that combined hackney carriage and private hire driver – 001223 admitted pushing the male during interview, rather than punching, and confirmed that this was an oversight within the committee report.
The committee and everyone present viewed the CCTV footage of the incident taken from the Riverbank public house, allowing both the Team Leader of the licensing department and combined hackney carriage and private hire driver – 001223 to narrate the footage. Combined hackney carriage and private hire driver – 001223 told the committee that the male was “swearing very badly” at him and was very aggressive towards him, which resulted in combined hackney carriage and private hire driver – 001223 closing the window of his vehicle. The committee heard from combined hackney carriage and private hire driver – 001223, that the male punched the window so strongly that combined hackney carriage and private hire driver – 001223 thought that the glass would break. Combined hackney carriage and private hire driver – 001223 denied punching the male but confirmed to the committee that he pushed him, with two hands the first time he struck him, and with one hand the second.
The committee noted that the CCTV provided by the Riverbank public house was of poor resolution and therefore they could not clearly view the incident. Council CCTV was also viewed by the committee, and everyone present, which was recorded from a different angle, however the view from this camera was obscured by a tree and a bus shelter. The committee heard that none of the people that could be seen on CCTV had been identified, and there were therefore no witnesses to the incident itself.
A witness in support of combined hackney carriage and private hire driver – 001223, was brought into the room. The Chair and Vice-Chair both confirmed that they knew the witness in their professional capacities through Council licensing work and events.
The committee heard from the witness that he was driving through Stockton High Street and saw that something had occurred at the taxi rank and stopped his vehicle. The witness told the committee that he recognised the male involved in the incident with combined hackney carriage and private hire driver – 001223 as a tenant of his, who had lived in his properties for over 20 years. The committee heard that the witness had known combined hackney carriage and private hire driver – 001223 for 35 years, and currently owned the taxi vehicle that combined hackney carriage and private hire driver – 001223 drove.
The Chair expressed his concern that there appeared to be a lot of coincidences; the witness owned combined hackney carriage and private hire driver – 001223’s taxi vehicle and he had also previously owned the property that the assailant had lived in, and therefore knew them both, and just happened to be passing the scene shortly after the incident.
The committee heard from Mr Ross that the witness was simply stating the facts.
Mr Ross referred to the two statements he had provided at the meeting.
The Chair asked the witness if he knew who had written the statement from the assailant. The witness stated to the committee that a friend of his wrote the statement as the assailant could not write but could read.
The Team Leader of the Licensing Department informed the committee that the licensing team had no evidence that the assailant was the male involved in the incident, and that they were unaware of the statements until they received the statements from Mr Ross shorty before the hearing.
The committee heard from Mr Ross that the footage showed the male approach combined hackney carriage and private hire driver – 001223 three times, and on the third occasion the male’s attitude could be seen on CCTV, shortly before he struck the window of combined hackney carriage and private hire driver – 001223’s vehicle. Mr Ross expressed to the committee that combined hackney carriage and private hire driver – 001223 was in a vulnerable position, and was punched by the male, and his reaction was to push him away. Mr Ross told the committee that there was no further evidence of aggression from combined hackney carriage and private hire driver – 001223, who pushed the male away a second time as he came towards him again.
Mr Ross briefly summed up the driver’s case and invited the committee to find that combined hackney carriage and private hire driver – 001223 was a fit and proper person who had not been brought before the committee for anything of this nature in the past.
Members had regard to the committee papers, which had been circulated prior to the hearing and presented to them, in addition to the oral submissions made on the driver’s behalf and by the driver himself in response to the committee’s questions.
Having carefully considered the written application and documentation before them and in reaching their decision, Members had regard to the provisions of the Local Government (Miscellaneous Provisions) Act 1976. The committee also had regard to the Council’s Private Hire and Hackney Carriage Licensing Policy 2021 – 2026. Under section 51 Local Government (Miscellaneous Provisions) Act 1976, the committee shall not grant a drivers licence unless they are satisfied that the driver was a fit and proper person.
When determining the matter, the committee considered it on its own merits.
The committee were not impressed by combined hackney carriage and private hire driver – 001223’s reactions towards the member of the public during the incident and felt that he should have remained within his vehicle throughout.
The committee noted that combined hackney carriage and private hire driver – 001223 felt threatened by the aggression from, and the attitude of, the member of the public involved. The committee added weight to the confirmation received from Cleveland Police that combined hackney carriage and private hire driver – 001223 was recorded as the victim in the matter.
Ultimately, the committee were satisfied that the driver was a fit and proper person to hold a combined hackney carriage and private hire vehicle drivers licence. The committee did however feel that it was appropriate to issue combined hackney carriage and private hire driver – 001223 with a final written warning with regard to his future conduct, owing to the seriousness of the incident and combined hackney carriage and private hire driver – 001223’s inappropriate reactions to the situation. The committee warned combined hackney carriage and private hire driver – 001223 that he must not react in this way in future.
RESOLVED that combined hackney carriage and private hire driver – 001223 continue to hold his combined hackney carriage and private hire vehicle drivers licence with a final written warning.