Minutes:
Members were asked to consider and determine the continued fitness of a licensed hackney carriage and private hire driver who was arrested and currently suspended from driving licensed vehicles with this authority.
Combined hackney carriage and private hire driver - 001071 attended the meeting and was given the opportunity to make representation. Combined hackney carriage and private hire driver - 001071 also provided two character witness statements which with the agreement of the Chair were taken into consideration at the hearing.
Committee papers and reports had been provided to all relevant parties prior to the meeting.
The report detailed the following:
- a copy of an email from combined hackney carriage and private hire driver – 001071 to the licensing department advising Officers he had been arrested on the night of Thursday 1 December 2022
- a copy of a delegated decision and suspension letter relating to a previous suspension of combined hackney carriage and private hire driver – 001071
- a copy of a common law disclosure relating to combined hackney carriage and private hire driver – 001071
- a copy of a further delegated decision and suspension letter relating to combined hackney carriage and private hire driver – 001071
- a copy of a police legal file relating to combined hackney carriage and private hire driver – 001071
- a copy of a summary transcript of an interview with combined hackney carriage and private hire driver – 001071 and Licensing Officers.
- copies of letters from both Education and Transport and Licensing which were sent to combined hackney carriage and private hire driver – 001071.
The Chair introduced everyone present and explained the procedure to be followed during the hearing.
The Committee noted that they were to consider the continued fitness and what action to take in relation to the suspension of combined hackney carriage and private hire driver – 001071 drivers’ licence with this authority.
The Committee noted that combined hackney carriage and private hire driver – 001071 was suspended due to his arrest on 1 December 2022, for the alleged offence of ‘Rape of Female over the age of 16 years old’.
The case was concluded by Cleveland Police, who determined to take no further action and confirmed the complainant withdrew her support of a prosecution but maintained that the account she provided was true and accurate. Police confirmed that evidence led prosecution was considered, but due to no corroborative evidence being available and the absence of a victim, the case was concluded. Police stated that there was insufficient evidence available to pass the threshold for CPS charging advice, and there was no realistic prospect of a conviction at Court.
The Licensing regime allowed all aspects of complaints, arrests, convictions, cautions to be taken into consideration, regardless of the amount of time that had passed. Combined hackney carriage and private hire driver – 001071 advised the Committee that the allegations were untrue, the rape for which he was accused and arrested did not take place. Combined hackney carriage and private hire driver – 001071 confirmed to the Committee that he was a fit and proper person, and that the Committee Members could trust combined hackney carriage and private hire driver – 001071 to be a responsible and safe licensed driver.
The Committee noted combined hackney carriage and private hire driver – 001071’s long positive history as a licensed driver with minimal complaints, and determined they were satisfied that he was a fit and proper person to hold a licence. The Committee placed their trust in combined hackney carriage and private hire driver – 001071 and concluded to lift the suspension and reinstate his combined hackney carriage and private hire drivers licence.
RESOLVED that Combined Hackney Carriage and Private Hire Driver – 001071 have his suspension lifted and his Combined Hackney Carriage and Private Hire Drivers Licence be reinstated for the reasons as detailed above.