Minutes:
Members were asked to consider and determine the continued fitness of combined hackney carriage and private hire driver – 054401 who was involved in an incident in Thornaby town centre.
Combined hackney carriage and private hire driver – 054401 and his representative Mr David Wilson, attended the meeting and were 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 an e mail referral from the Community Safety Team to the Licensing Team
regarding an incident in Thornaby town centre which involved combined hackney carriage and private hire driver – 054401.
- A copy of a delegated decision front sheet relating to combined hackney carriage and private hire driver – 054401.
- A copy of a suspension letter to combined hackney carriage and private hire driver – 054401.
- A copy of an interview transcript between licensing officers and combined hackney carriage and private hire driver – 054401.
- A copy pf a report confirming that combined hackney carriage and private hire driver – 054401 had made a call to the enforcement centre to report the incident he was involved in.
- A copy of an e mail from an Honorary Alderman who gave a brief history of the issues in Thornaby Town Centre which related to the incident combined hackney carriage and private hire driver – 054401 had been involved in.
- Copies of various historical written warnings relating to combined hackney carriage and private hire driver – 054401.
The Chair introduced everyone present and explained the procedure to be followed during the hearing.
Combined hackney carriage and private hire driver – 054401 appeared before the Committee with his representative due to an incident which involved combined hackney carriage and private hire driver – 054401 where he had been seen on CCTV holding onto a young person in Thornaby Town Centre and who was also seen in possession of a shortened golf club.
The Committee Members were presented with the officers’ report as well as various CCTV footage which showed the incident from different camera angles. Committee Members, combined hackney carriage and private hire driver – 054401 and his representative had the opportunity to ask questions of the officer’s report.
The main topics discussed were as follows:
Combined hackney carriage and private hire driver – 054401’s representative explained to Members that driver – 054401 was a family man with no criminal convictions and had been a licenced driver for over 20 years and had worked from the taxi rank in Thornaby for a very long time. A number of Anti-Social Behaviour incidents had been reported in and around the area of Thornaby Town Centre and the taxi rank in the last few months.
Combined hackney carriage and private hire driver – 054401 kept the number for the enforcement team in his phone to report any incidents he saw.
The Committee were shown CCTV footage which showed applicant – 054401 having a shortened golf club thrown at his vehicle causing damage by youths. Combined hackney carriage and private hire driver – 054401’s then retrieved the golf club and put in his vehicle. Fifty minutes later, combined hackney carriage and private hire driver – 054401 saw who he believed to be the youths who threw the golf club at his vehicle. Combined hackney carriage and private hire driver – 054401 was seen exiting his vehicle and got hold of one of the youths by the arm. Combined hackney carriage and private hire driver – 054401 held on to the youth for over a minute. Combined hackney carriage and private hire driver – 054401 agreed that with hindsight this was not one of his greatest moments and was regretful. Combined hackney carriage and private hire driver – 054401 was aware he was being observed by CCTV.
Combined hackney carriage and private hire driver – 054401’s representative, Mr David Wilson, explained that combined hackney carriage and private hire driver – 054401 did this as he thought help was on hand as the security guard from the nearby ASDA store was walking towards the incident and combined hackney carriage and private hire driver – 054401 believed he would help apprehend the youths.
Combined hackney carriage and private hire driver – 054401 was then seen returning to his car and then back into the town centre area. Combined hackney carriage and private hire driver – 054401 appeared to record the youths using his mobile phone.
Combined hackney carriage and private hire driver – 054401 was then seen on the CCTV footage to have a shopping trolley pushed at him twice by the youths. Combined hackney carriage and private hire driver – 054401 was then seen chasing one of the children. Combined hackney carriage and private hire driver – 054401 appeared to look unhappy, with the footage showing combined hackney carriage and private hire driver – 054401 lifting his arms into the air.
Footage viewed by the Committee showed combined hackney carriage and private hire driver – 054401 return to his vehicle and open the boot. Combined hackney carriage and private hire driver – 054401 was seen retrieving the shortened golf club from his boot and walking back towards the children in the town centre area. Combined hackney carriage and private hire driver – 054401 walked towards the ASDA store, and entered it for a short amount of time, before exiting the store with the shortened golf club still appearing in his hand.
The youths were seen on the footage throwing objects at combined hackney carriage and private hire driver – 054401.
Combined hackney carriage and private hire driver – 054401 confirmed that the same group of youths had thrown big stones at his vehicle approximately 2 months prior to the incident being considered at the committee hearing today.
Combined hackney carriage and private hire driver – 054401 reported the incident to the security centre which was confirmed to be true as recorded on the Councils FLARE system.
The Committee had regard to all the evidence presented in the Committee report, CCTV footage and the submissions made by officer’s combined hackney carriage and private hire driver – 054401 and his representative, at the hearing.
The Committee found combined hackney carriage and private hire driver – 054401 to be a fit and proper person to hold a licence. The Committee agreed to lift combined hackney carriage and private hire driver – 054401’s suspension and reinstate his licence with a strong warning as to his future conduct.
The Committee confirmed that any further incidents of concerning behaviour would see combined hackney carriage and private hire driver – 054401 brought back before the Licensing Committee, where his licence could be revoked.
RESOLVED that combined hackney carriage and private hire driver – 054401 have his suspension lifted and his licence reinstated for the reasons as detailed above.