A report by the Assistant Director (Localities) is attached.
Minutes:
Licence holder 22/2017 attended the meeting and was represented by Mr James Parry Solicitor, and accompanied by Mr Oakes of the Hackney Drivers’ Association Ltd and a Mr Basat Khan to help with the interpretation.
The Chair outlined the procedure to be followed and the Licensing Unit Manager presented a report submitted by the Assistant Director (Localities) which was accepted by the licence holder and his representative, Mr Parry.
The report explained that the licence holder was before the Licensing and Safety Panel following a complaint on 18 September 2017 about this client’s conduct. The female complainant had booked a taxi through a Private Hire Operator, who dispatched this licence holder’s vehicle, which is a Hackney Carriage undertaking private hire work, on 15 September 2017 to take her from her home to her place of work, which is a journey she takes 3 times a week.
The complainant sat in one of the two front passenger seats. After a couple of minutes into the journey, the complainant noticed that the driver had only one hand on the steering wheel of the car and the other hand was rubbing and grabbing his crotch area over his track suit bottoms. This continued on a number of occasions throughout the 15 minute journey until they reached the destination when she paid the fare and exited the vehicle.
The complainant felt that the behaviour of the driver was inappropriate and telephoned the operator to make a complaint. The complainant felt so uncomfortable with the inappropriate behaviour of the driver that she telephoned the Police and then reported the conduct to the Licensing Service at Bury Council.
The complainant had been willing to attend the Licensing and Safety Panel but it was deemed that a written statement would suffice and this was included with the report for members of the Panel.
Mr Parry then addressed the Panel on behalf of the licence holder and explained that any allegation against a driver must be treated very seriously. Private hire and hackney drivers do expose themselves to the risk of allegations against them as they work alone. However, the Police had no intelligence regarding this licence holder in respect of any other complaint or safeguarding issues and that this is an isolated incident for which the Police have taken no further action.
He stated that the licence holder had not asked the complainant to sit in the front seat and no conversation had taken place between the two. Mr Parry stated that in order to protect himself against any future allegations the licence holder could install a dual direction dash cam.
Various questions were asked of the licence holder from the members of the Licensing and Safety Panel. In particular, he was asked if he was fully aware of how uncomfortable the complainant felt and whether the licence holder considered his behaviour to be inappropriate.
The licence holder stated it was wrong and he was sorry but that he hadn’t felt his behaviour was inappropriate at the time as he had only pulled at his trousers on 2 occasions throughout the journey as he had felt uncomfortable. When he had picked up the customer she had got into the front seat and she had appeared very happy at the end of the journey and paid the fare with no problem.
Mr Parry summarised that the licence holder should install a camera in the cab and insist that customers sit in the back seat and he felt that a warning from members of the Licensing and Safety Panel to the future conduct of the driver would be the appropriate course of action.
Delegated decision:
The Panel carefully considered the report and the oral representations by Licence Holder 22/2017 and his representative, Mr Parry and taking into account the Council’s Conviction Policy and Guidelines and in accordance with the Local Government (Miscellaneous Provisions) Act 1976, resolved unanimously, to revoke the driver’s licence.
The Panel noted the following;
1. That the allegations were of a very serious nature,
2. That the behaviour of the licence holder was completely inappropriate,
3. That the complainants version of events was on balance accepted taking into account her actions after the incident in reporting the matter and her willingness to attend the Panel meeting,
4. That the driver showed no remorse or understanding of the complainants distress,
5. That the driver had only one hand on the steering wheel at times throughout the journey,
6. That the licence holder showed no remorse or acceptance that his behaviour was inappropriate even on his version of events,
7. That there were no mitigating factors or character references provided,
8. That the driver was not a fit and proper person to hold a Hackney Carriage Drivers licence issued by Bury Council.
The Applicant was informed of their right of appeal to the Magistrates’ Court within 21 days.