Meeting documentation

Meeting documents

Taxi and Private Hire Sub Committee
Wednesday, 4th November, 2009 3.30 pm

ItemDescriptionResolution
Declaration of interests - members are reminded that following the adoption by Council of the new Code of Conduct, any declaration of interest should be made having regard to the new code. In particular, members must make clear the nature of the interest and whether it is 'personal' or 'prejudicial'.

The Monitoring Officer would like to remind members that when they are considering whether the following items are exempt information under the relevant paragraph under part 1 of Schedule 12A of the Local Government Act 1972 they must have regard to the public interest test. This means that members must consider, for each item, whether the public interest in maintaining the exemption from disclosure outweighs the public interest in making the item available to the public.
1 ELECTION OF CHAIRMAN
RESOLVED THAT:

Councillor P Holland take the Chair for the meeting.
2 APOLOGIES FOR ABSENCE
There were no apologies for absence.
 
3 DECLARATION OF INTERESTS
There were no declarations of interest.
 
4 EXCLUSION OF PRESS AND PUBLIC
RESOLVED THAT:

In pursuance of Section 100A (4) of the Local Government Act, 1972, the press and public be excluded from the meeting for the following business on the grounds that it involved the likely disclosure of exempt information as defined in paragraph 7 of Part 1 of Schedule 12A to the Act, and in the circumstances of the matter under consideration, the public interest in maintaining the exemption outweighed the public interest in disclosing the information.
The officers consider that the press and public should be excluded during consideration of the following items in accordance with Section 100(a) of the Local Government Act 1972 as publicity would be likely to result in disclosure of exempt or confidential information.
5 CONSIDERATION OF A PRIVATE HIRE DRIVER'S LICENCE
The Licensing Team Leader presented the report which asked members to determine whether the licence holder was still a fit a proper person to hold a licence.

The Licence Holder stated that despite what is recorded on the police statement, he had not admitted to the allegations made against him. He stated that the police interview tapes would prove this. The Legal Advisor asked the Licence Holder to confirm whether he had signed the Police Constable's pocket book as detailed within the statement. The Licence Holder responded that he had signed the pocket book but had not read what he was signing for.

In response to a question from a Member, the Licensing Team Leader stated that the medical checks were required to be taken once every three years.

The Licence Holder addressed the Sub-Committee. He apologised for not reporting the most recent incident and his change of address. He explained that due to his personal circumstances at the time, as detailed within the report, he was struggling emotionally and therefore was not concerned about meeting the conditions of his licence.

He explained his version of events for both of the allegations and stated that he had not done the things that he had been accused of. He stated that he had a tactile nature and was very friendly with all of his customers, he explained that this did not make him a bad person.

In response to questions from the Licensing Team Leader, the Licence Holder stated the following:

- He often affectionately touched people on the arm or leg, as that was his nature.

- He was unsure why the first alleged incident had been reported as the passenger left the car laughing and joking.

- He had not mentioned the customers underwear as alleged, this was something the passenger had raised during a conversation regarding the amount of things she owned that were the colour of pink.

In response to a question from a Member, the Licence Holder's employer stated that complaints of that nature were often made about taxi drivers, this was why escorts were provided for particular trips with vulnerable passengers.

In response to a further question, the Licence Holder's employer stated that the County Council made the decision on which passengers need an escort and there was a cost involved. The contracts for particular trips such as school runs came from the County Council.

In response to questions from Members, the Licence Holder stated the following:

- It had been difficult not working during the suspension of his licence, which was for the past 4 months. He stated that if his licence was to be returned then he would still continue to be helpful to his customers, for example carrying elderly ladies' shopping bags and making sure drunken passengers arrived home safely.

- He was late for the Disability Awareness Course due to his own mix up of the date and time.

- There had not been any further incidents of failing to report to the Licensing Officer.

- There had been no further allegations made against him since the most recent incident.

- He had been working with his current employer for three years and there had been no other serious complaints. His employer confirmed that.

- He had not been taken off the school run in question, he had been moved to an alternative contract. His employer explained that drivers were voluntarily moved from a particular contract if it was in the best interest for all parties. He was not taken off the contract for a disciplinary reason.

- His actions towards people were made as a term of endearment not to offend, unfortunately people could perceive his actions differently.

The Legal Advisor explained that the Licence Holder's employer had submitted a statement prior to the meeting, he circulated it and asked the Licence Holder's employer if he would like to speak to it.

The Licence Holder's employer addressed the Sub-Committee and highlighted the points made in his statement.

On a point of clarification, the Legal Advisor explained that even though the Licence Holder's Licence had expired during the suspension, the Members were not considering it as a new application.

The Legal Advisor circulated an email from the County Council which outlined that the County Council did not apply its own vetting policy to taxi drivers but relied on District and Borough Councils to assess the suitability of drivers during the licensing process.

In response to a question from a Member, the Licence Holder's employer confirmed that he had 100 percent trust in the Licence Holder with regards to the safety of his customers.

Both the Licensing Team Leader and the Licence Holder gave brief closing remarks re-iterating points raised earlier in the meeting.

The Sub Committee adjourned for consideration at 5.02pm and reconvened at 5.45pm.
  • (Attachment: 1)Report of the Licensing Enforcement Officer
  • (Attachment: 2)Papers circulated at the meeting
RESOLVED THAT:

The Private Hire Drivers Licence to be reinstated subject to the Licence Holder satisfactorily completing the course on acceptable relations with passengers run by the Passenger Transport Unit at Leicestershire County Council.

Should the Licensing Authority receive any further complaints against the Licence Holder then the Officers were authorised to suspend the licence with a view to revocation.
Published on Monday, 30th November, 2009
The meeting commenced at 3.30pm and closed at 5.55pm.

Attendance Details

Present:
Councillors P Holland, P Purver and R Woodward

Officers: Mr S Eyre, Mr D Gill and Miss R Levy

The Licence Holder was in attendance and was supported by his employer.