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 - 112026 attended the meeting and was given the opportunity to make representation.
Committee papers and reports had been provided to all relevant parties prior to the meeting.
The Chair introduced everyone present and explained the procedure to be followed during the hearing.
The Committee heard that the driver had been licensed by this authority since October 2014, with his current licence due to expire on 20 September 2024.
The Committee were told that a Common Law Disclosure was received from Cleveland Police, dated 10 September 2020 a copy of which was shown in appendix 1 of the report.
26/08/2020 Driver 112026 was arrested for the alleged offences of ‘C/Supplying controlled drug class A – Cocaine’ and ‘Supplying a psychoactive substance’. Driver 112026 is released under investigation whilst enquiries are on-ongoing. The circumstances are that it is alleged that the Driver is involved in the conspiracy to supply class A drugs.
The Committee heard that Driver 112026 driver licence was suspended due to this information on 15th September 2020, following a delegated decision process.
The Committee were told that Driver 112026 notified licensing officers in 2023 that no further action had been taken by the police in relation to this matter. Members heard that licensing officers subsequently obtained a copy of the police file and a factual summary disclosure from the police Northeast Regional Specialist Operations Unit (NERSOU), as part of their investigation, to determine if the driver was a fit and proper person to hold a driver licence with the Authority, as is routine in such circumstances.
The Committee heard that the factual summary disclosure referenced police gaining entry to and searching a blue box storage unit in November 2019, rented by Driver 112026. Members heard that the rental agreement was taken out by Driver 112026 who had supplied his driving licence as proof of identification. The Driver had been observed at the storage unit in his taxi. Police had recovered more than 16,000 nitrous oxide gas cannisters from the container.
The Committee were told that Driver 112026 was interviewed by licensing officers on 16th May 2023, where he denied these allegations and any misuse of nitrous oxide, citing that he had a cream bakery chargers’ business, which is a catering supplies business.
The Committee noted the summary transcript of the interview at Appendix 8, including the drivers explanation that he understood that people can misuse the nitrous oxide containers, but that the containers he supplied were used to make the whipped cream for cakes. The Committee further noted the driver’s explanation that when customers placed an order online they were required to complete an online form and provide proof of ID to demonstrate being over 18 years old. The Committee noted that when asked for website details the driver could not evidence this, and stated that the website is no longer available.
The Committee heard that in interview, the driver was asked about the contents of his storage container, and stated that it was empty, and stated that it was not his container that was searched by the police, despite Police disclosure confirming that it was the drivers driving licence being provided as proof of ID for the rental of the storage unit. The Committee heard that when asked why he had remained silent during his police interview, Driver 112026 said that this was what his solicitor at the time had advised him to do.
The Committee were told that when asked in interview by licensing officers about the balloons found in his property by Police, they denied that any were found. The Committee heard that the driver explained to officers in interview that to misuse the nitrous oxide cannisters there is a need for balloons, and he maintained there were none found at his property.
The Committee noted that the driver was reminded when interviewed that the police report stated that there were balloons recovered, however they continued to deny any balloons being found at his property. The Committee heard that during the interview with licensing officers, he clearly described how nitrous oxide cannisters were misused using balloons.
The Committee heard that Companies House checks showed that the cream chargers business was registered on Companies House on 28 January 2020, with Driver 112026 and another individual as named directors of the company. The Committee noted that when asked why the other individual became a director and resigned on the same day, Driver 112026 advised officers that ‘just at that time he was, truthfully, he was going to college’.
The Committee were told that Companies House checks revealed that only £100 was recorded on the company’s accounts in July 2020, July 2021, July 2022. The Committee noted that when asked to explain this, Driver 112026 explained that this was dealt with by his accountant on his behalf.
The Committee noted that when the driver was asked in interview why he started his cream charger’s business in 2020, his explanation was that a friend who owned a restaurant suggested that he do so, and had told him that this was legal unless he sold the items for misuse.
The Committee heard that when asked in interview about him offering deliveries of nitrous oxide cannisters on Facebook until 1:00am, the driver made reference to a social media and marketing person, being responsible for this, but that he did not offer deliveries until this time. The Committee noted that the driver stated that he no longer had access to this information as his website was closed.
The Committee were told that Driver 112026 was licensed by the City of Wolverhampton Council at the time of his arrest and subsequently had his licence revoked by them.
The Committee heard the drivers background as a licenced driver with the Authority; he was originally licensed in December 2008 and it was revoked in 2011 due to concerns over his manner of driving. The Committee noted that since his licence was granted with a warning in July 2014, two separate anonymous safeguarding and drugs complaints had been received in March 2017.
The Committee and Driver 112026 representative were given an opportunity to ask questions of the officer.
Driver 112026 Legal representative explained to the Committee that the police had taken no further action against Driver 112026 following his arrest in August 2020; he therefore submits that he is a fit and proper person to be a licenced driver.
They further explained to the Committee that Driver 112026 states that the storage unit searched by police was not his storage unit; a Subject Access Request confirmed that storage unit 13 was searched on 8th November 2019. The Committee noted that the legal representative had provided a copy of an invoice from Blue Box Storage, addressed to the driver dated 4th November 2019, for rental of unit 69A for the period of 1st to 30th November 2019. The Committee noted that Driver 112026 denies that storage unit 13 was his.
The Committee heard from the legal representative that despite Driver 112026 having a business supplying nitrous oxide cannisters, the 16,000 cannisters found were nothing to do with the driver.
Driver 112026 now asserts that the balloons found at his property belonged to his partner, who ran a legitimate balloon business.
With regard to the limited transactions appearing on the company accounts, Driver 112026 legal representative told the Committee that the business only lasted six or seven months and has not traded since.
In response to questioning from the Committee in relation to Driver 112026 being observed by police transporting known criminals around Teesside, the legal representative told the Committee that as a taxi driver it would be unusual if he was not doing this.
Based on everything they had considered the Committee do not believe, on the balance of probabilities, that the driver is a fit and proper person to hold a combined hackney carriage and private hire vehicle drivers licence. The Committee were unanimously satisfied that Driver 112026 combined hackney carriage and private hire vehicle driver licence should therefore be revoked.
RESOLVED that that Combined Hackney Carriage and Private Hire Driver – 112026s, Combined Hackney Carriage and Private Hire Drivers Licence be revoked for the reasons as detailed above.