Minutes:
Members were asked to consider and determine the continued fitness of Hackney Carriage Driver – 001336 who had received a relevant complaint from a member of the public.
Hackney Carriage Driver – 001336 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 the complainants detailed account of the witnessed incident.
. A copy of a delegated decision and suspension letter relating to Hackney Carriage Driver – 001336.
. A copy of a summary transcript of an interview with Hackney Carriage Driver – 001336 and Licensing Officers detailing the complaint against him and his full explanation of the alleged incident.
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.
Members heard that on 18th October 2023 the Licensing Office received a complaint in relation to Hackney Carriage Driver – 001336. The complainant stated they had just seen Hackney Carriage Driver – 001336 assault a female at Thornaby Train Station, and it appeared Hackney Carriage Driver – 001336 was pulling at a female’s clothing while she was trying to get out of Hackney Carriage Driver – 001336’s vehicle. The complainant thought that the female was waiting for her friend to come and pay the fare for the journey.
Following the complaint an investigation into the matter commenced and a detailed account of the incident was obtained from the complainant alongside a video showing Hackney Carriage Driver – 001336 following the female after she got out of Hackney Carriage Driver – 001336’s car and where Hackney Carriage Driver – 001336 was calling her names.
Due to this evidence Hackney Carriage Driver – 001336’s licence to drive Hackney Carriage Vehicles was suspended on 23rd October 2023 in the interest of Public Safety via the Delegated Decision process.
Further enquires were undertaken such as requesting CCTV from Thornaby Train Station, and Hackney Carriage Driver – 001336 was formally interviewed in relation to the matter on 22nd November 2023. During the interview Hackney Carriage Driver – 001336 was asked a number of questions and gave his account of what happened during the incident.
Hackney Carriage Driver – 001336 admitted to attempting to take the female to the police station, insulting her when she left the car, holding onto the female while the car was moving and driving an excessive distance with the door open in the car park. Hackney Carriage Driver – 001336 denied hitting or assaulting the female. Hackney Carriage Driver – 001336 explained that he waited for the female’s friend to come and pay the fare and quickly realised no one was coming. Hackney Carriage Driver – 001336 then turned his vehicle around in the car park and advised the female that he was taking her to the police station, at this point the female opened the door while the car was moving and tried to escape, and Hackney Carriage Driver – 001336 held onto her during this. Hackney Carriage Driver – 001336 then stopped outside the station building where the female got out of the vehicle after Hackney Carriage Driver – 001336 was trying to prevent her from doing so. At the end of the interview, Hackney Carriage Driver – 001336 was asked about his view on the situation which Hackney Carriage Driver – 001336 explained that he would not want to go through any of that again.
Hackney Carriage Driver – 001336 explained at the time his mind was all over the place and everything happened so quickly. Hackney Carriage Driver – 001336 was finally asked if he believed he remained a fit and proper person to hold a licence. Hackney Carriage Driver – 001336 believed he was and that he had been doing this job for forty years, had a good disciplinary record and had also worked on school runs.
Due to the severity of the complaint, it was decided that the matter should be taken in front of the General Licensing Committee. The report was heard on 5th December 2023 and Licensing Officers presented the report to the committee members. Members had the opportunity to ask questions of Officers and Hackney Carriage Driver – 001336.
Following Hackney Carriage Driver – 001336’s account of the incident to the Committee, the Committee determined to lift the licence suspension and to accept Hackney Carriage Driver – 001336 renewal application, however, this was with a warning to Hackney Carriage Driver – 001336 that public safety was paramount and Hackney Carriage Driver – 001336 must not act in the way which he did during the reported incident again.
Any further complaints of a similar nature may call in to question Hackney Carriage Driver – 001336 fitness to hold a licence and result in Hackney Carriage Driver – 001336 appearing in front of the Licensing Committee again. The overriding consideration was the safety of the public.
RESOLVED that Hackney Carriage Driver – 001336’s suspended hackney carriage vehicle licence be lifted, and a renewal application be processed for the reasons as detailed above.