A report from the Assistant Director (Localities) is attached.
Minutes:
Licence Holders 03/2017 and 04/2017 were invited into the meeting together at their specific request. Licence holder 03/2017 was represented by Mr G Bridge, License Holder 04/2017 was unrepresented and both were accompanied by their partners.
The Chair asked each Licence Holder individually and Mr G Bridge if they were in agreement to have the hearing in each other’s company and they indicated that they were content that this was the best way to conduct the meeting. It was explained that the licence holders were second cousins and the incident in question had been resolved following a family gathering.
The Chair outlined the procedure to be followed and the Licensing Unit Manager presented a summarised report submitted by the Assistant Director (Localities) on the proposed suspension of the Private Hire Drivers’ Licences.
The Licence Holders were before the Licensing and Safety Panel following a violent altercation between both drivers on 5 February 2017.
The Licensing and Safety Panel were then showed CCTV footage of the altercation which took place on Silver Street in Bury Town Centre.
Mr G Bridge then addressed the Panel on behalf of Licence Holder 03/2017 explaining that the drivers were second cousins and there was a strong family connection. This Licence Holder was working for a local taxi firm and their second cousin had started to work for them also but it hadn’t worked out and had left to work with a different operator. This had caused some issues within the family.
On 5 February 2017, Licence Holder 03/2017 had stopped their vehicle on Silver Street whilst dropping passengers. The vehicle then caused an obstruction on the road. It was a rainy night and the passengers had asked to be dropped off directly outside Brambles and the Licence Holder had felt obliged to do this which then caused the obstruction.
Licence Holder 04/2017 had then arrived and had been unable to get passed and words were exchanged. Licence Holder 03/2017 had then got out of their vehicle and approached 04/2017 on the driver’s side and opened the door. The CCTV showed the footage of Licence Holder 04/2017 then hitting 03/2017 who then returned to their vehicle, realised their glasses had come off and returned to find them. Another brief altercation took place and then both drivers move off. Mr G Bridge stated that at no time did Licence Holder 03/2017 use any violence. Licence Holder 03/2017 reported the incident to the Police as he had an eye injury and was treated at hospital. Since having reported the incident, the complaint has since been withdrawn and Greater Manchester Police has not had any involvement.
Mr G Bridge then referred to a previous warning given to Licence Holder 03/2017 on 6 March 2013, relating to a road rage incident involving a member of the public and explained that Licence Holder 03/2017 was approaching a zebra crossing, again on Silver Street and had a slow speed collision with a pedestrian. The Police were involved but there was no conviction and the Licence Holder had subsequently attended a driver improvement course.
Mr G Bridge then distributed a character reference from the Licence Holder’s current employer and also a screen shot of the mobile phone of licence holder 04/2017 to 03/2017 stating he was ‘really really sorry’ for what had happened.
Mr G Bridge explained to the Panel that Licence Holder 03/2017 had 5 children and their partner works part time, however they provide the main income and the suspension was having an impact on their finances. The Licence Holder had held a licence for 14 years.
The Chair then asked Licence Holder 04/2017 to address the Panel and the Licence Holder stated how sorry they are. The Licence Holder’s partner explained that both families had since met regarding this matter and had completely resolved their issues. They were a large and very close family and this was a very big thing for them all and completely out of character for them. They have 3 children. Licence Holder 04/2017 now drives for another taxi firm and again any action would have a significant impact on their finances.
Various questions were asked of both Licence Holders from members of the Licensing and Safety Panel.
Delegated decision:
1. The Panel carefully considered the report and the oral representations by Licence Holder 03/2017, their representative Mr G Bridge and partner and taking into account the Council’s Conviction Policy and Guidelines and in accordance with the Local Government (Miscellaneous Provisions) Act 1976 and resolved, unanimously, to suspend Licence Holder 03/2017 for a period of 2 months and attend the Council’s driving standards course prior to the end of this period.
The Panel noted that this was a very serious matter. Although this Licence Holder had not actually hit 04/2017, they were the instigator of the altercation. Also, the Panel were very concerned that the Licence Holder had shown no consideration to passengers and the surrounding public in dropping them off in an unmarked bay area, causing an obstruction to other road users and then by leaving the vehicle to approach Licence Holder 04/2017, causing a serious problem on an already busy street. The Panel’s role includes a consideration of the safety of the public which the Panel felt this Licence Holder had shown no concern for. Further, the Panel noted that other members of the public were seen on the CCTV separating the two individuals and felt it unacceptable for two Licence Holders to be fighting in the streets. However, the Panel took into consideration the circumstances of Licence Holder 03/2017 and their family, that both families had resolved the feud between them and that the complaint to the Police and the Licensing Office had been withdrawn. It also noted the remorse and apologies from Licence Holder 03/2017.The Applicant was informed of his right of appeal to the Magistrates’ Court within 21 days.
2. The Panel carefully considered the report and the oral representations by Licence Holder 04/217 and their partner and taking into account the Council’s Conviction Policy and guidelines and in accordance with the Local Government (Miscellaneous Provisions) Act 1976 and resolved, unanimously, to suspend Licence Holder 04/2017 for a period of 2 months and attend the Council’s driving standards course prior to the end of this period.
The Panel noted that this incident was very serious and such an act of
aggression could not be tolerated. Although this Licence Holder was not the instigator of the altercation, they had shown no concern to any of the members of public whilst alighting from the vehicle in order to repeatedly punch Licence Holder 03/2017. Further, the Panel noted that other members of the public were seen on the CCTV separating the two individuals and felt it unacceptable for two Licence Holders to be fighting in the streets. However, the Licence Holder and their partner had explained the circumstances of the feud between the two Licence Holders and that this was now resolved. The Panel took into consideration the circumstances of Licence Holder, the impact on their family if 04/2017 and that they were very remorseful and apologised for their actions generally and to Licence Holder 03/2017.
The Applicant was informed of his right of appeal to the Magistrates’ Court within 21 days.