Minutes:
Members were asked to consider and determine the continued fitness of Combined Private Hire and Hackney Carriage Driver – 103792 who was previously under investigation by North East Regional Organised Crime Unit (NEROCU) and was currently suspended from driving licensed vehicles.
Combined Private Hire and Hackney Carriage Driver – 103792 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 report detailed the following:
. A copy of a disclosure detailing the arrest of Combined Private Hire and Hackney Carriage Driver – 103792 for the alleged drugs offences.
. A copy of an Officer delegated decision and suspension letter relating to Combined Private Hire and Hackney Carriage Driver – 103792.
. A copy of an updated disclosure from Cleveland Police.
. A copy of an interview plan with planned questions for Combined Private Hire and Hackney Carriage Driver – 103792, and a copy of the summary transcript during interview with Combined Private Hire and Hackney Carriage Driver – 103792.
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 understood that the matter before them was to determine the continued fitness of Combined Private Hire and Hackney Carriage Driver – 103792 as detailed within the Officers Committee report.
The Committee heard that the disclosure from Cleveland Police confirmed that Combined Private Hire and Hackney Carriage Driver – 103792 was arrested by police on 26th July 2022, for the alleged offences of:-
• 2 x ‘Produce controlled drug – class B – cannabis’; and
• ‘Facilitate the acquisition/acquire/possess criminal property’; and
• ‘Participate in the criminal activities of an on organised crime group’.
The Committee were told that it was alleged that Combined Private Hire and Hackney Carriage Driver – 103792 was involved in the production of cannabis, was suspected to have assisted Albanian organised crime groups to send money out of the UK and booking flights for Albanian’s using false identification.
The Committee heard that due to the seriousness of the allegations, Combined Private Hire and Hackney Carriage Driver – 103792’s drivers’ licence was suspended on 23rd August 2022. Combined Private Hire and Hackney Carriage Driver – 103792 appealed this decision to the Magistrates’ Court. The Committee were advised that the appeal was determined on the 6th January 2023; Combined Private Hire and Hackney Carriage Driver – 103792’s appeal was unsuccessful.
The Committee were told that on 9th November 2023, an update was received confirming that the North East Regional Organised Crime Unit (NEROCU) were not taking any further action against Combined Private Hire and Hackney Carriage Driver – 103792 in relation to the matters for which he was arrested.
The Committee heard that as per standard procedure, a copy of the police file was requested from NEROCU via Cleveland Police. Disclosure was received on 15 November 2023.
The Committee were advised that the disclosure received from the police stated that;
• Combined Private Hire and Hackney Carriage Driver – 103792 had used his bank card to purchase several flights for suspects involved in large scale cannabis production;
• Combined Private Hire and Hackney Carriage Driver – 103792 had transferred money abroad on behalf of suspects involved in large scale cannabis production;
• Combined Private Hire and Hackney Carriage Driver – 103792’s bank account contained more turnover than his income declared to the HMRC; and
• Combined Private Hire and Hackney Carriage Driver – 103792 owned a property in Co Durham, which was identified as a cannabis farm.
The Committee heard that Combined Private Hire and Hackney Carriage Driver – 103792 denied the allegations when interviewed by the police, and subsequently when interviewed by Licensing Officers on 16 November 2023. The Committee noted that Combined Private Hire and Hackney Carriage Driver – 103792 denied any involvement in drugs offences and organised crime.
The Committee were told that when asked in interview about using his personal bank account when booking flights for customers, Combined Private Hire and Hackney Carriage Driver – 103792 explained that he had a travel agency business and this involved booking flights, arranging global money transfers and that he was providing parcel courier services. Combined Private Hire and Hackney Carriage Driver – 103792 told the Committee that this work was undertaken from his personal bank account rather than a business account because “banks do not like travel agencies and money transfer companies”.
The Committee heard that Cleveland Police Disclosure & Barring Unit confirmed that upon arrest, Combined Private Hire and Hackney Carriage Driver – 103792 declared that his occupation was “unemployed”; and that he did not declare at that time that he was a licensed driver. Combined Private Hire and Hackney Carriage Driver – 103792 told the Committee that he disputed this.
The Committee were also told of Combined Private Hire and Hackney Carriage Driver – 103792’s driver history between September 2008 and March 2016, which was included within the Committee report:-
• Suspension of Combined Private Hire and Hackney Carriage Driver – 103792’s licence in 2008 following his arrest for assault occasioning actual bodily harm and threats to kill. Combined Private Hire and Hackney Carriage Driver – 103792 was subsequently charged with both offences, and then found not guilty of the assault charge. The charge in relation to threats to kill were dropped. Combined Private Hire and Hackney Carriage Driver – 103792’s licence suspension was lifted following this result.
• Revocation of Combined Private Hire and Hackney Carriage Driver – 103792’s licence in August 2011 by the Committee due to three separate complaints relating to his manner of driving, attitude and behaviour in 2010, an arrest by police in February 2011 for breach of a harassment order and an unsatisfactory criminal record check in June 2011.
• Combined Private Hire and Hackney Carriage Driver – 103792 re-applied for a combined hackney carriage and private hire vehicle licence in June 2014, which was granted by the Committee with a written warning regarding his future conduct.
• Combined Private Hire and Hackney Carriage Driver – 103792 appeared before the Committee again in March 2016 due to him misleading/obstructing officers during an investigation.
Combined Private Hire and Hackney Carriage Driver – 103792 explained to the Committee that he was the Director of and ran a travel agency, employing one employee. The Committee heard from Combined Private Hire and Hackney Carriage Driver – 103792 that he worked as an agent for legitimate global companies, including arranging international money transfers and booking flights for customers.
Combined Private Hire and Hackney Carriage Driver – 103792 explained to the Committee that he made profits from commission received from bookings, and also by switching bookings to cheaper sources. Combined Private Hire and Hackney Carriage Driver – 103792 told the Committee that customer identification was not required when booking flights, and that it was not for him to check identification of his customers.
With regard to the property in Co Durham owned by Combined Private Hire and Hackney Carriage Driver – 103792, that was discovered to be a cannabis farm, Combined Private Hire and Hackney Carriage Driver – 103792 denied any knowledge of this to the Committee. Combined Private Hire and Hackney Carriage Driver – 103792 told the Committee that he purchased this property with family and friends as an investment, renovated the property to make it habitable, and rented it out to two separate tenants.
In response to the Committee’s questioning in relation to the property, Combined Private Hire and Hackney Carriage Driver – 103792 confirmed that he did visit the property, but never smelled cannabis.
The Committee questioned Combined Private Hire and Hackney Carriage Driver – 103792 about his money transfer and travel business. The Committee asked Combined Private Hire and Hackney Carriage Driver – 103792 why his turnover was higher than his income. Combined Private Hire and Hackney Carriage Driver – 103792 explained that this was due to the way that flights were booked and then re-booked to achieve a saving. Combined Private Hire and Hackney Carriage Driver – 103792 told the Committee that he received commission at the end of each month, he then deducted his expenditure from this figure before declaring his income.
In response to the Committee’s questioning in relation to money transfers, Combined Private Hire and Hackney Carriage Driver – 103792 confirmed that he did transfer large sums, approximately two thousand pounds per customer, to Albania and other countries, but assured the Committee that this was legitimate.
The Committee questioned Combined Private Hire and Hackney Carriage Driver – 103792 about the circumstances of his arrest and subsequent charge in 2008 for assault occasioning actual bodily harm and threats to kill. Combined Private Hire and Hackney Carriage Driver – 103792 said that this was a family matter, and that he could not remember any more about this.
The Committee was given an opportunity to ask questions of Combined Private Hire and Hackney Carriage Driver – 103792, with Combined Private Hire and Hackney Carriage Driver – 103792 speaking last.
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 by the driver in response to the Committee’s questions.
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 the relevant legislative provision in this case is under section 61(1)(b) of the Local Government (Miscellaneous Provisions) Act 1976. This allows the Committee to suspend or revoke licences for “any other reasonable cause”. When determining this matter, the Committee considered this matter on its merits.
The Committee appreciated that the police took no further action against Combined Private Hire and Hackney Carriage Driver – 103792 in relation to his arrest in July 2022 for the production of cannabis and involvement in organised crime. The Committee noted, however, that they must consider this matter on a lower standard of proof, on ‘the balance of probabilities’, rather than the criminal standard which is ‘beyond reasonable doubt’.
The Committee members took into consideration that Combined Private Hire and Hackney Carriage Driver – 103792 appeared disingenuous in response to the Committee’s questioning about his money transfer and travel business. The Committee found it hard to accept that Combined Private Hire and Hackney Carriage Driver – 103792, who admitted owning a property found to be a cannabis farm, and had also purchased several flights and transferred money abroad for suspects involved in large scale cannabis production, was running a legitimate business. The Committee’s doubts in relation to these matters were compounded by Combined Private Hire and Hackney Carriage Driver – 103792’s dubious explanation in relation to the use of his personal bank account to run his businesses rather than a business bank account; that banks do not like money transfer and travel companies.
The Committee noted that the police had confirmed that upon his arrest in 2022, Combined Private Hire and Hackney Carriage Driver – 103792 had initially declared that his occupation was “unemployed”; and that he did not declare at that time that he was a licensed driver. The Committee did not accept Combined Private Hire and Hackney Carriage Driver – 103792’s claim that the police information was incorrect. The Committee noted that Combined Private Hire and Hackney Carriage Driver – 103792 did not provide any evidence to this effect.
The Committee members were not satisfied that they would allow people for whom they care to enter a vehicle with Combined Private Hire and Hackney Carriage Driver – 103792 due to their doubts surrounding his explanation of the circumstances that led to his arrest. The Committee felt that this was compounded by Combined Private Hire and Hackney Carriage Driver – 103792’s concerning history as a licenced driver; his licence being suspended in 2008 and revoked in 2011. The Committee noted that when Combined Private Hire and Hackney Carriage Driver – 103792’s current licence was granted in 2014, it included a written warning regarding his future conduct.
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 v Hussain.” In the Committee’s view, the circumstances that had led to revocation being proposed meant that they could not ensure as far as possible that Combined Private Hire and Hackney Carriage Driver – 103792 was a safe and honest driver. The Committee noted that holding a licence was a privilege and not a right.
Ultimately, the Committee did not believe that Combined Private Hire and Hackney Carriage Driver – 103792 was a fit and proper person to hold a combined hackney carriage and private hire vehicle drivers’ licence. The Committee were unanimously satisfied that the suspension on Combined Private Hire and Hackney Carriage Driver – 103792’s licence should be lifted and under the provisions of section 61(1)(b) of the Local Government (Miscellaneous Provisions) Act 1976 Combined Private Hire and Hackney Carriage Driver – 103792’s combined driver licence be revoked.
The Committee deemed this matter as extremely serious, and it was therefore deemed Combined Private Hire and Hackney Carriage Driver – 103792 may pose a safety risk to passengers and the wider public, therefore under the provisions of section 61(2b) and in the interest of public safety, the revocation would have immediate effect, and Combined Private Hire and Hackney Carriage Driver – 103792 was immediately no longer authorised to drive such vehicles.
RESOLVED that Combined Private Hire and Hackney Carriage Driver – 103792’s vehicle drivers’ licence be revoked immediately for the reasons as detailed above.