Minutes:
Members were asked to consider and determine an application for a combined hackney carriage and private hire driver licence from an applicant who had previously had a driver licence revoked by another Local Authority.
Applicant – 156212 did not attend the meeting.
Committee papers and reports had been provided to all relevant parties prior to the meeting.
The report detailed the following:
. A copy of Applicant – 156212’s application which contained a DVLA check code, showing no live DVLA endorsements.
. A copy of a revocation letter to Applicant – 156212 from Redcar and Cleveland Borough Councils Licensing Team revoking his licence.
. A summary transcript of an interview with Applicant – 156212 and Licensing Officers.
The Chair introduced everyone present and explained the procedure to be followed during the hearing.
Members of the Council’s General Licensing Committee considered all of the information before them, full details of which appeared before the Members in their agenda and background papers.
The Committee were advised by the Team Leader of Licensing that Applicant – 156212 had notified the Licensing team that he would not be present at the hearing as he was attending a wedding, and had subsequently asked to withdraw his application.
The Committee considered whether to allow Applicant – 156212 to withdraw his application, however the Committee felt that as their overriding consideration was the safety of the public, it was pertinent for them to determine Applicant – 156212’s application. As Applicant – 156212 was not in attendance, despite being aware of the hearing, and had not requested a deferment, the Committee agreed to proceed in his absence.
The Committee understood that the matter before them was to determine an application for a combined hackney carriage and private hire vehicle licence as detailed in the Committee report.
The Committee heard that Applicant – 156212 was licensed by Redcar and Cleveland Council for thirteen years, which he declared within his application form. The Committee heard that when asked if he had had a licence refused, revoked, or suspended, Applicant – 156212 declared, “I had a taxi badge a few years ago which I handed back in”.
The Committee were told that Redcar and Cleveland Council’s Licensing Team had confirmed that in June 2021, they received an email from the press, which contained a link to social media showing Applicant – 156212 spitting in a 15-year-old girl’s face. The Committee heard that Redcar and Cleveland Council subsequently took the decision to revoke Applicant – 156212’s private hire drivers’ licence. The Committee were advised that the video of the incident was no longer available.
The Committee understood that Applicant – 156212 was interviewed in relation to the matter on Thursday 21 September 2023. The Committee were told that when questioned about his previous licence revocation, Applicant – 156212 responded; ‘I gave it up because it was hard to get it renewed and everything and I wanted a break from taxis, cause after COVID, customers, I didn’t want to deal with them, ‘cause they were just too much to deal with’.
The Committee heard that despite being challenged by officers during interview, Applicant – 156212 continued to deny any knowledge of that revocation, and maintained that he had chosen to hand his badge back to Redcar and Cleveland Council.
The Committee was told that in response to questions about the incident that led to his licence being revoked, Applicant – 156212 stated that a group of children were throwing stones at his car, one of which hit his daughter through an open window. The Committee heard that Applicant – 156212 admitted that he “lost it” after this, exited his vehicle and, in his own words, “told ‘em get lost. They’re throwing stones at cars and basically, she kept threatening my daughter, so I told…her to go away and basically, I didn’t want to hit her or anything, but she kept coming towards me and cause I was that angry at the moment, I just spat on her.”
The Committee also heard that in response to being asked if he was subject to any other complaints, Applicant – 156212 referred to an incident in March 2015 where he had hit a child whilst working as a licenced driver, however Redcar and Cleveland Council advised they did not have any record of this, nor any other complaints against Applicant – 156212.
Having carefully considered the written documentation before them and in reaching their decision, the 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 (“the Policy”).
The Committee noted that under section 51 Local Government (Miscellaneous Provisions) Act 1976, the Committee should not grant a driver’s licence unless they are satisfied that the applicant is a fit and proper person. When determining this matter, the Committee considered the application on its merits.
The Committee noted their disappointment that Applicant – 156212 had not appeared before them to express his views and answer their questions.
The Committee members were not satisfied that they would allow people for whom they care to enter a vehicle with Applicant – 156212 due to his admission that he spat at a child following an incident where stones were being thrown at his car. The Committee felt that this was compounded by Applicant – 156212 being disingenuous with regard to the reasons that he ceased working as a licenced driver with Redcar and Cleveland Council.
The Committee considered the Local Government Association Councillor Handbook: Taxi and PHV Licensing, which states:- “In the case of McCool v Rushcliffe Borough Council 1998, Lord Bingham said this:
“One must it seems to me approach this case bearing in mind the objectives of this licensing regime which is plainly intended among other things to ensure so far as possible that those licensed to drive private hire vehicles are suitable persons to do so, namely that they are safe drivers with good driving records and adequate experience; sober, mentally and physically fit, honest and not persons who would take advantage of their employment to abuse or assault passengers.”
Lord Bingham’s view has since been confirmed in two further court cases; Anwar v Cherwell District Council and Leeds Council .” In the Committee’s view, the circumstances that had led to this matter appearing before them today meant that they could not ensure as far as possible that Applicant – 156212 was a safe and suitable driver who would not abuse or assault passengers. The Committee noted that holding a licence is a privilege and not a right.
Ultimately, the Committee did not believe that Applicant – 156212 was a fit and proper person to hold a combined hackney carriage and private hire vehicle drivers’ licence. The Committee were unanimously satisfied that Applicant – 156212’s application should therefore be refused.
RESOLVED that Applicant – 156212’s application for a combined hackney carriage and private hire vehicle drivers’ licence be refused for the reasons as detailed above.