Agenda item

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

The 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 had chosen not to attend the meeting.

The meeting was adjourned at 1:06pm; the Panel retired to make its decision.

The meeting reconvened at 1:15pm.

The Chair read the decision notice.

DECISION NOTICE

The matter before the Panel today is an application for the review of the HC/PHV driver’s licence held by the driver. They were previously employed by 24 x & Limited on the Home to School Transport side of the business and we understand they resigned their position when faced with disciplinary action by them.

The driver has not appeared before us today but they have sent in a written statement. We have read this with care.

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 and viewed the video footage referred to therein. We have also had the opportunity of hearing from the Licensing Officer and have read the papers before us most carefully.

On 25 March 2022, the East Riding of Yorkshire Business Manager for 24/7 Ltd, received an email from a Local Authority Contracts Manager. They informed them that they had seen a 24/7 schools contract driver smoking whilst driving their vehicle, a red Kia Sportage, index EU71 FGG, on 25 March 2022. The complaint and attached documents are before us.

The employer then carried out a review of cctv footage taken from the camera located in the driver’s vehicle, intending to locate evidence of smoking offences. During this search, footage was discovered that showed the driver driving his vehicle on 07 March 2022 at speeds in excess of 100mph. A young boy can be seen sitting in the front passenger seat and is heard to comment on the speed reached by the driver. We have viewed this CCTV footage, together with further footage of the driver smoking whilst driving on 25 March 2022

The driver was spoken to by their employer on 26 March 2022 and informed that they would be suspended by 24/7 Ltd pending an investigation. They resigned on the spot, with immediate effect. These two matters are criminal offences, and Licensing Officers have referred the matter to this Panel for its determination on whether the driver remains ‘fit and proper’ to be licensed by Uttlesford District Council as a Private Hire & Hackney Carriage driver.

We have viewed the CCTV footage. We make our decisions on the balance of probabilities and we are satisfied that the conduct complained of did occur. We read what the driver had to say and observe the presence of the CCTV camera in the car would have been part of his terms and conditions of employment. Even if the camera has not been properly calibrated, the margin of error is some 10% only and the speed at which scenery is passing suggests they were travelling very fast. The child sitting in the passenger seat is clearly terrified and should in any event have been sitting in the rear seat, and the driver has also been captured on film in the act of lighting a cigarette.

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 the person before us is a fit and proper person to continue to hold a HC/PHV licence and if we consider that they are not, then our duty is clear – we should revoke the licence.

This case involves two criminal offences, one a road traffic offence and one under the Health Act which took place in the course of the driver’s employment as a school contract driver, which is a fully regulated activity under the Safeguarding Vulnerable Groups Act, and at the time of the speeding offence the footage clearly shows a child in the car. There is no excuse. These are criminal offences committed in the course of employment, there was a child in the car, on one occasion and the driver has already resigned from their job, no doubt pre-empting their dismissal from that employment.  We cannot consider them to be a fit and proper, ie safe and suitable, person to undertake work of this kind.

Accordingly we revoke the driver`s licence and we do so with immediate effect on the grounds of public safety. The driver has a right of appeal to the Magistrates Court which must be exercised within 21 days and ordinarily the licence would remain in being pending the determination of such an appeal.  However, in this case we consider they pose an unacceptable risk, which is why we have taken the decision we have and they do not have this period of grace. The driver will receive a letter from the Legal Department explaining the position. We note the driver is also licenced with Richmondshire Council and we instruct the Licensing Team to provide them with a copy of this decision notice.                     

The meeting concluded at 1:19pm.