Agenda item

The Director of Adult Social Care and Health Integration submitted an exempt report in connection with the review of Combined Hackney Carriage and Private Hire Vehicle Driver Licence, Ref: 02/22, where circumstances had arisen which required special consideration by the Committee.

 

The Licensing Manager advised that the driver’s legal representative was unable to attend, however, the driver was in attendance accompanied by a family member who was a solicitor and willing to act on his behalf.  The driver had confirmed that he was happy to proceed.

 

The Chair introduced those present and outlined the procedure to be followed.  The driver, who was in attendance at the meeting accompanied by his representative, 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 June 1994 and appeared before Members for review of his licence following receipt of information on 4 November 2021 from the Council’s LADO (Local Authority Designated Officer).

 

The information provided by the LADO stated that, on 4 November 2021, a report had been received from a specialist school that the mother of a ten-year-old autistic female pupil had reported concerns at finding a message on her daughter’s facebook account from a taxi driver who transported her daughter, and other learners, to and from the school.  A copy of the message was attached at Appendix 1 to the report.

 

The driver was contacted by a Licensing Enforcement Officer on 4 November 2021 and provided an explanation in relation to the concerns raised in the report.  It was highlighted that the driver had been covering the school run journeys for another licensed driver whilst he was on holiday.

 

The driver confirmed that the report was an accurate representation of the facts and was invited to address the Committee.

 

The driver’s representative presented the case in support of the driver and, with the Chair’s permission, submitted a printed list of the driver’s facebook friends - to demonstrate that they were males predominantly of a similar age to the driver – and several character references.

 

The driver also spoke in support of his case and 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, his representative 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 Combined Hackney Carriage and Private Hire Vehicle Driver Licence, Ref No: 02/22, be retained but that the driver be required to again complete safeguarding training.

 

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 and his representative.

Decision

3.      After carefully considering all of the information and considering the review on its own merits the Committee decided to issue the driver with a warning to ensure he was aware of his conditions and code of conduct when carrying vulnerable passengers and that he should retake the Council’s safeguarding training.

 

Reasons

 

4.      The Committee carefully considered the driver’s, and his representative’s, explanation of events.  It considered the numerous character references and the driver’s previous trusted involvement with voluntary groups involving children and youths.  It considered he had been licensed for approximately 28 years conveying children and other vulnerable passengers without any issue or complaint whatsoever.  It also considered that the Local Authority Designated Officer was of the view that only additional training would be required and therefore there was no threat.

 

5.      The Committee considered this was a single incident carried out without malice or threat or with any sinister or bad intent but rather from ignorance.  The response on face book was done at school with the escort in the car as part of the one discussion or incident, no contact was attempted or made at any later time. 

 

However, the Committee did consider that the driver needed to revisit the Safeguarding Training and the Driver’s Code of Conduct when transporting vulnerable passengers.