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 31 October 2013.

The Minutes of the meeting of the Sub-Committee held on 31 October 2013 were confirmed as a correct record and signed by the Chairman.

To consider a Report concerning an incident with a Torbay Council Licensed Driver.  

The Licensing Sub-Committee considered a report and appendices concerning a Torbay Council Licensed Driver who physically assaulted another licensed driver by punching him to the face.

At the hearing the respondent was represented by a Legal Advisor.  The victim and officers from the Licensing Department were present at the hearing to answer Members questions.

Decision:

That Mr Nasim’s Torbay Hackney Carriage Driver’s Licence be revoked on the grounds of any other reasonable cause’, as in accordance with Section 61(1)(b) of the Local Government (Miscellaneous Provisions) Act 1976, and that this revocation shall be with immediate effect, in accordance with Section 61(“B) 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.

Reasons for Decision:

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

Whilst it was accepted that there were elements of provocation earlier in the evening of the assault taking place and that there was an ongoing dispute between the two individuals, as submitted at the hearing by both Mr Nasim and the victim, Mr Nicholson who is also a driver licensed by Torbay Council, Members found that Mr Nasim’s conduct in physically assaulting another driver whilst on duty for that which he was licensed and doing so in front of members of the public who he was there to provide a service for fell well below the standard reasonably expected by a driver licensed by Torbay Council. .

Mr Nasim was observed by a witness to abandon his vehicle in the middle of the road and then, as captured on CCTV, to approach the victim‘s car in such a manner that it caught the attention and necessary presence of a Taxi Marshall who was placed to facilitate the orderly dispersion of taxi customers. Mr Nasim was then seen on the CCTV to walk away from the victim’s vehicle but after a short distance, return and subsequently throw his right arm into the open driver’s side window, physically assaulting the victim where he had remained throughout the incident.  This resulted in Taxi Marshalls having to intervene in such a way that it was necessary for them to take Mr Nasim to the ground to restrain him, until the Police arrived.  Members say this indicated Mr Nasim’s state of mind which they found to be unacceptable and fell well below the standards reasonably expected of a driver licensed by Torbay Council.

The assault took place during the early hours of the morning in the middle of the night time economy and in front of members of the public who were queuing at the time for a taxi service.  This Members found to be alarming, unacceptable and fell well below the standards reasonably expected of a driver licensed by Torbay Council

It was a concern to Members that Mr Nasim failed to notify  ...  view the full minutes text for item 44.