To consider a report that seeks a review of a dual Hackney Carriage and Private Hire drivers licence.

Members considered a report that sought a review of a Dual Hackney Carriage and Private Hire Drivers’ Licence, as set out in the submitted exempt report.  At the Hearing, the Applicant and his representatives provided an update in respect of the issues raised in the report and responded to Members’ questions.

At the Hearing, an email from the Licensing Enforcement Officer to Mr Cox, Environmental Health Manager (Commercial) dated 30 May 2018 in respect of a telephone call between an Officer of the Licensing Authority and the Driver was circulated to all parties, with the agreement of the Chairman.

Decision:

That the Torbay Dual Hackney Carriage and Private Hire Drivers’ Licence be reinstated and that the driver, as named in the exempt report, be issued with a formal written warning about appropriate conduct whilst carrying out his duties as a driver licensed by Torbay Council and that a condition be added to his Licence which stipulates that there must be no physical contact between himself and any passenger, unless in the case of a medical emergency or to provide mobility assistance.

Reason for Decision:

Having carefully considered all the written and oral Representations, Members resolved to reinstate the drivers’ licence, as named in the exempt report, by a majority vote; having been satisfied that in light of the evidence before them, he did ‘remain a fit and proper person’ to hold a Torbay Dual Hackney Carriage and Private Hire Drivers’ Licence.

In coming to that decision, Members applied the test set out in Appendix A, Section 1.2 at page 26 of the Torbay Council’s current Hackney Carriage and Private Hire Licensing Policy and noted the driver’s fifty years’ experience and previous unblemished record as a driver licensed by Torbay Council.

In addition, Members noted that whilst the allegation made against the driver was dismissed at Court, they remained concerned by the submissions made by him in Police interview and at the Licensing Sub-Committee hearing, in respect of passengers known to him.  Notwithstanding this concern, Members were satisfied by majority that the driver did not pose a risk to general members of the public but should he continue to conduct himself in an over familiar manner to persons known to him which in their opinion fell well below the standards reasonably expected by them of a professional driver; this in itself may pose a risk not only to that which may be perceived by others who are not aware of an established relationship between the driver and regular passengers but to himself also, against future criminal allegations.

In noting the submissions by the driver with regards to it being in his culture to conduct himself in a certain manner, Members were very clear that such familiar conduct was inappropriate, unacceptable and fell well below the standard reasonably expected by them of a driver licensed by Torbay Council and should the driver fail to change in this regard, he ran a high risk of similar allegations being made against him in the future and that some passengers, be they regular or not, not welcoming such familiarity and being uncomfortable with his conduct.

In safeguarding the driver and all future passengers, Members determined that it was appropriate and proportionate on the evidence before them to impose the condition, as they could not be satisfied that without it, the driver would change his ways.

In concluding, Members noted the driver’s submission in respect of costs, as outlined in Appendix 3 to the exempt report but were clear that such consideration was outside the remit of the Licensing Sub-Committee and that their primary consideration was one of public safety.