Agenda item

To consider whether the individual should have their private hire/hackney carriage driver’s licence suspended or revoked.

The Panel and Officers present introduced themselves to the driver.

The Senior Licensing and Compliance Officer gave a summary of their report which requested that Members determine whether the driver is considered ‘fit and proper’ to continue holding their licence.

The driver apologised for their actions.

The driver confirmed:

·        They received an urgent call from relatives in Bangladesh regarding their elderly infirm parents who were unwell with covid.

·        They have no qualifications and their partner was unwell, could not work and was dependent on the driver`s income.

·        They drew Member`s attention to their previously clean driving license and noted their forty two years in England with no convictions.

In response to questions from the Chair the driver confirmed that they answered the phone whilst in a queue approaching a roundabout. They told the caller they would call them back, hung up and called them back once they had parked their vehicle.

The driver left the meeting at 11:52am and the meeting was adjourned; the Panel retired to make its decision.

The driver rejoined the meeting at 12:21pm and the meeting reconvened.

The Chair read the driver the decision notice.

The driver left the meeting at 12:27pm.

DECISION NOTICE

The matter before the Panel today is an application for the review of the HC/PHV driver’s licence No PH/HC2343 held by the driver since October 2017. They drive for Happicabs and has done so for all of the time they have been licensed with the Council. They have provided a factual reference for us, which we have read carefully, but they have not attended before us today or otherwise actively supported the driver.

We have had the opportunity of reading the officer’s report in this case, a copy of which has been served on the driver and we have also seen, as has the driver, the background documents annexed thereto. We have also had the opportunity of hearing from the driver and from the Case Officer and have read the papers before us most carefully.

On 28 March 2022 the driver advised the Licensing Department by email that they had received 6 points on their licence for an offence committed in 2021. The driver explained that they had been out of the UK since January and had only returned on 25 March 2022. On 29 March they further explained that the 6 point endorsement was because they had been handling their phone whilst driving.

A check of the driver’s DVLA licence which was carried out on 4 April 2022 showed a conviction for a CU80 offence dated 11 February 2022 for an offence committed on 20 June 2021. When asked to explain the length of time between the offence and the conviction the driver said that they had made an on-line plea and had first received a response on 16 February. The driver informed the Licensing Department about the points when they returned to the UK at the end of March.

Point 2.27 of the ‘Policy on deciding the suitability of applicants and licensees in the hackney and private hire trades’ states

‘Where an applicant has a conviction for using a hand-held mobile telephone or a hand-held device whilst driving, a licence will not be granted until at least 5 years have elapsed since the conviction or completion of any sentence or driving ban imposed, whichever is the later’.

Furthermore point 2.41 of the policy states,

‘As public trust and confidence in the overall safety and integrity of the system of taxi licensing is vital, where a licence holder has received a conviction for any category of offences detailed above, their licence(s) will be revoked’.

On 30 March the driver was advised by email that their licence would be referred to Committee to consider possible suspension or revocation as they no longer met the suitability standards. They were invited to submit a statement explaining what had happened and why they felt they were still a ‘fit and proper person’ to hold a licence.The driver replied by email on 4 April in which they explained that their elderly parents, who have severe health issues, tested positive for Covid and that they had received a call from their brother informing them that their father had been taken into A&E.

The driver said that they answered their phone via loudspeaker and was caught by a camera on New Street in Chelmsford. They received a letter a couple of weeks afterwards and accepted that they had made a mistake, but felt they had no choice because of their concern for their father at the time. The driver was asked whether they had a hands free system or whether they picked up the phone to answer and then put the phone down once they had activated the loud speaker. The driver explained in emails directed to the Licensing Department that they were stationary at traffic lights when the phone rang, they picked up the phone, put it on loudspeaker, then put the phone down. The driver accepted that they were guilty of the offence and confirmed their identify when they received the Notice of Intended Prosecution.

The driver no longer meets the suitability standards for licensed drivers. The driver accepts that they picked up their phone but realises that was a mistake and says that they only did it because of their concern over their parents’ health issues at the time. The call was from Bangladesh. The driver is the only member of his household currently working and supports themself and their partner. Should they lose their licence they will be unemployed and possibly will face eviction from their home. We are sorry to hear this but hardship to the driver is not something we are required to take into account – our role is to ensure members of the public are safe when travelling in licensed vehicles.

The driver has appeared before us today and was extremely apologetic. The driver knew that they had done wrong but the story they had told us today is not the same one volunteered to Licensing Officers by email. The driver told us that they were stationary but in a traffic queue not a red light. That means they were not stationary. The driver then admitted they had been closely proximate to a layby into which they pulled over and then they returned to call. The driver has told us the call was made from Bangladesh, but we attach no weight to this.

There are two major concerns here. The first is that some crucial elements of the driver`s story have changed: they initially told officers they were stationary at a red traffic light, they now tell this Panel that they were in a traffic queue. A queue may be moving very slowly but it is still moving and using a mobile phone in moving traffic is a very serious matter. The driver tells us they then pulled off the road and returned the call – why did they not do that from the start?

The primary function of this Committee is the protection of the travelling public. The legislation makes this clear as does the case law and all authority in the area. Our role is to determine whether or not an applicant is a fit and proper person to continue to hold a HC/PHV licence and if we consider that if they are not, then our duty is clear – we should revoke the licence.

The handling of a mobile phone while a vehicle is in motion is regarded as a serious matter in this country. Parliament recently substantially increased the penalties for offences of this nature and the forthcoming changes were given considerable attention, including an advertising campaign, in the media. We have heard what the driver has to say but hardship to the driver is not something we may take into account. They used a mobile phone in a moving vehicle, and together these actions make up the elements of the criminal offence to which they pleaded guilty.

We therefore have to consider whether the driver remains a fit and proper person to hold an HC/PHV driver’s licence and we have to conclude that they do not. This was a moving traffic offence which is taken very seriously by the legislature, and the inconsistency between their two versions of events also goes to probity. We realise the hardship our decision may cause but nevertheless, we revoke the driver`s licence.

The driver has a right of appeal to the Magistrates Court against this sanction and this right must be exercised within 21 days of the date of our decision. The driver will receive a letter/email from the Legal Department explaining this.