Councillor Addis was elected as Chairman for the meeting.

To confirm as a correct record the Minutes of the meeting of a Sub-Committee held on 27 June 2013.

The Minutes of the meeting of the Sub-Committee held on 27 June 2013 were confirmed as a correct record and signed by the Chairman.

To consider a report in respect of an allegation of inappropriate conduct by a Torbay Council Licensed Driver.

Members considered a report and appendices 1 to 12, in respect of an allegation of inappropriate conduct by a Torbay Council Licensed Driver. 

Oral Representations received from:

Decision:

That Mr Nasim’s Torbay Council Hackney Carriage Driver’s Licence be suspended for a period of four weeks, on the ground of ‘any other reasonable cause’, as in accordance with Section 61(1)(b) of the Local Government (Miscellaneous Provisions) Act 1976, and that this suspension shall be with immediate effect, in accordance with Section 61(2B) of the Local Government (Miscellaneous Provisions) Act 1976, as it appears to Members on hearing the facts of the case that it is appropriate to do so in the interests of public safety.

Reason for Decision:

Having carefully considered all the written and oral Representations, Members resolved to suspend Mr Nasim’s Hackney Carriage Driver’s Licence for the following reasons:

It was accepted by Mr Nasim and subsequently agreed by Mr Fenlon, who appeared in support of Mr Nasim that Mr Nasim had parked illegally on two separate occasions during the same incident and it was that which led to the Civil Enforcement Officers returning to the location of Mr Nasim’s vehicle.

Members found that the Civil Enforcement Officers had acted in accordance with Torbay Council’s Parking Enforcement Policy when taking photographs of Mr Nasim’s vehicle which was in contravention of the road traffic order.  As such, Members dismissed the submission by Mr Nasim that the Civil Enforcement Officers were threatening and harassing him and taking unnecessary pictures for no reason.

Whilst Members had due regard to the written Representations of both Mr Fenlon and Ms Cartwright and the subsequent oral Representation by Mr Fenlon at the hearing, Members noted that neither of these witnesses by their own admission had heard what Mr Nasim said to the Civil Enforcement Officers.  Therefore Members unanimously concluded that the evidence given by the Civil Enforcement Officers was a true account of the incident.  This conclusion was largely founded on the photographic evidence which supported the allegation that Mr Nasim had behaved inappropriately towards the said Officers.  When questioned by Members, Mr Nasim accepted that the photograph which showed his inappropriate hand gesture towards the said Officers was offensive.  As such, Members resolved that Mr Nasim’s conduct during this incident was offensive, inappropriate and fell well below the standards they expected of a driver licensed by Torbay Council.

Members noted that Torbay Council’s (Taxi) & Private Hire Policy, at Appendix G, page  ...  view the full minutes text for item 11.