Issue - meetings

Consideration of suspension or revocation of a Hackney Carriage/Private Hire drivers licence

Meeting: 28/10/2015 - Appeals Committee (Item 60)

Consideration of suspension or revocation of a Hackney Carriage/Private Hire drivers licence (Agenda Item 10)

Report of the Executive Director Commercialisation.

Additional documents:

Minutes:

Councillor Hollis had declared that she knew the Licence Holder and left the meeting before this item was discussed.

 

The Licence Holder was invited into the room and the Chairman introduced the Committee and explained the procedures.

 

The Licensing Officer presented the report and outlined the circumstances of the complaint that had been received about the Licence Holder.

 

The Licence Holder was asked to explain what had happened and he advised that he had gone to collect three regular customers.  He had assumed that they were all in the car before starting to pull away.  One customer had fallen from the car.  He had been shocked and had apologised but thought that everything was OK.

 

Members questioned the Licence Holder about the checks he would normally carry out.  He confirmed that he had seat belt and door warning lights on his console.  If a seat belt was not fastened there was an audible alarm once the car started moving.

 

Everyone was asked to leave the room whilst the Committee made their determination.  They were then invited back to hear the decision.

 

The Chairman advised the Licence Holder that the Committee had decided to revoke his Licence.  She invited the Solicitor to read out the reasons for that decision.

 

RESOLVED to revoke the Licence with immediate effect for the following reasons:

 

1.     Having read the papers provided and listened carefully to what had been said and having questioned the Licence Holder the Committee was concerned by the apparent lack of remorse shown.  On questioning and on his own admission the Licence Holder had stated that he had “assumed” that the passenger was in the car.  The Committee was satisfied that the Licence Holder had failed to ‘take all reasonable steps to ensure the safety of passengers conveyed in, entering or alighting from the vehicle driven by him’.

 

2.     The Committee were mindful that the precautions available to the Licence Holder included a visual check, mirrors and information available electronically such as warning lights on his console; the Licence Holder had confirmed that they were fitted to his vehicle.  He had failed to ensure all doors were closed and he had failed to use any of those steps before driving off.

 

3.     On safety grounds and in view of the Licence Holder’s apparent lack of remorse the Committee felt obliged to revoke his Licence with immediate effect.  The Committee felt they had no other option in the interests of public safety.

 

The Licence Holder was advised of his right to appeal within 21 days from the date of written communication of the Committee’s decision.

 

The Chairman explained that the decision had not been taken lightly and the details had been discussed fully.