Agenda item

The Director of Adult Social Care and Health Integration submitted an exempt report in connection with the review of Private Hire Vehicle Driver Licence, Ref: 01/22, where circumstances had arisen which required special consideration by the Committee.

 

The Chair introduced those present and outlined the procedure to be followed.  The driver, who was in attendance at the meeting, verified his name and address and confirmed that he had received a copy of the report and understood its contents. 

 

The Licensing Manager presented a summary of the report.  It was highlighted that the driver was first licensed with Middlesbrough Council in March 2017, however, his licence was suspended, with immediate effect, by the Licensing Manager on 28 June 2021 following receipt of information from Cleveland Police.

 

On 28 June 2021, the information provided by Cleveland Police stated that the driver had been arrested for the alleged offence of ‘Rape of Female, aged 16 years or over’ and that the driver was remanded on conditional bail to attend Middlesbrough Police HQ on 20 July 2021.

 

The information provided by Cleveland Police related to an incident reported to them on 24 June 2021 by James Cook Hospital, stating that a female had presented at the hospital stating she had been raped whilst on a night out in Middlesbrough.  Details of the allegation were contained within the submitted report. 

 

The driver was identified as the alleged suspect and it was alleged that the offence had taken place at a licensed public house where the driver worked.  The driver was contacted by the Licensing Manager on 28 June 2021 when he confirmed that he had been arrested but denied the allegation.

 

The Licensing Manager suspended the driver’s Private Hire Vehicle driver licence, with immediate effect, until such time that investigations by the Police had taken place and the matter was now referred to the Licensing Committee to determine the status of the driver’s licence.

 

On 28 September 2021, Cleveland Police confirmed that no further action would be taken in respect of the driver.

 

Subsequently, the driver was interviewed by a Licensing Enforcement Officer on 1 October 2021 when he provided an explanation in relation to the incident and in relation to the offences detailed at 1) and 2) in the report and a previous warning regarding his driving standards.  The driver denied the allegation of rape made against him and stated that what had taken place had been consensual.  A detailed account of the incident, provided by the driver, was attached at Appendix 1.

 

The Licensing Manager advised Members that the reason for the delay in bringing the matter before Committee was due to difficulties in attempting to obtain further information from Cleveland Police.  Cleveland Police had confirmed that no further information was available, therefore, the information available was set out in the report.

 

The driver confirmed that the report was an accurate representation of the facts and was invited to present his case and also responded to questions from Members, the Licensing Manager and the Council’s Legal Representative.

 

It was confirmed that there were no further questions and the driver and Officers of the Council, other than representatives of the Council’s Legal and Democratic Services, withdrew from the meeting whilst the Committee determined the review. 

 

Subsequently, all parties returned and the Chair announced a summary of the Committee’s decision and highlighted that the driver would receive the full decision and reasons within five working days.

 

ORDERED that the suspension of Private Hire Vehicle Driver Licence, Ref No: 01/22, be lifted and that the licence be retained but that the driver be issued with a warning in relation to future conduct, as follows:-

 

Authority to act

 

1.           Under Section 61 of the Local Government Miscellaneous Provisions Act 1976 (“the Act”) the Committee may revoke or suspend a private hire/hackney carriage vehicle driver’s licence on the grounds that:

-   Since the grant of the licence the driver has been convicted of an offence involving dishonesty, indecency or violence;

-   Since the grant of the licence the driver has committed an offence or breached the Act or the Town Police Clauses Act 1847;

-   For any other reasonable cause. 

 

2.           The Committee considered Section 61 of the Act, Policy Guidance to Applicants, Licensed Drivers and Members of the Licensing Committee which came into force on 1 November 2019 (“the Policy”), the report and the representations made by the driver.

 

Decision

 

3.           After carefully considering all of the information and considering the review on its own merits, the Committee decided to lift the suspension and reinstate the private hire vehicle driver’s licence for the following reasons.

 

Reasons

 

4.           The Committee considered the driver’s explanation of events, it considered that there was insufficient or no information from the police to contradict or question the driver’s version of events and no way of contacting or identifying the complainant to obtain that information. Following a number of attempts, no further information had been provided. 

 

5.           It considered the incident happened outside the role of a licensed driver, that the driver had already been suspended for a lengthy period and that the police confirmed there was no criminality because he was released from investigation with no further action or investigation by the police.

 

The Committee considered that the driver was aware of his position of trust and the requirement not to act inappropriately with passengers irrespective of their behaviour.