To consider Report 96/2011 on the suspension of a Hackney Carriage

Driver's Licence.

Members considered Report 96/2011 which sought a suspension of a Hackney Carriage Driver’s Licence in respect of Mr Shazad Ramzan.

Written representations received from:

Additional information:

Members noted Mr Shazad Ramzan had advised the Licensing Department that he was not able to attend the Hearing, and as such agreed that the Hearing would go ahead in his absence.

Oral representations received from:

Decision:

That Mr Shazad Ramzan’s Hackney Carriage Driver’s Licence be suspended for a period of seven days on the ground of ‘any reasonable cause’, as in accordance with Section 61 (1)(b) of the Local Government (Miscellaneous Provisions) Act 1976.

Reason for decision:

Having carefully considered all the written and oral Representations put before the Sub-Committee, Members resolved this ground to be established following the number of warning letters that had been issued from the Principal Safety and Licensing Officer (dated 16 January 2009, 3 April 2009, 4 December 2009 and 31 August 2010) and the Licensing Support Officer (dated 20 October 2010 and 4 February 2011) raising awareness of the concerns of public safety by drivers parking illegally in Torquay.  Members were satisfied that Mr Ramzan would have received all the warning letters and that he would also have been issued with a Hackney Carriage Driver’s Handbook and therefore should be aware of point 19 that states:

‘The number of vehicles stationed at any rank must not exceed the number for which the rank is appointed at any time.  If a rank is full at time of a vehicles’ arrival at a rank then the driver must proceed to the next available rank.’

In concluding Members were satisfied that Mr Ramzan had been given sufficient warnings but despite this had parked illegally on 15 October 2010, again on the 18 February 2011 whereby of particular concern on this date, his actions were deemed to be dangerous and again on the 19 February 2011.

Members felt that the suspension was a proportionate and necessary response to the breach of the Road Traffic Orders and Byelaw 8 in an attempt to ensure public safety.