Minutes:
The following is a Part I summary of the case.
Following introductions the Chair explained the procedure for the hearing and confirmed that all parties had received a copy of the paperwork. The Democratic Services Officer highlighted that there was a missing page from Appendix G and copies were provided to all parties. The Appellant confirmed that he was happy to proceed with the hearing.
The Licensing Sub-Committee was asked to consider whether the Appellant (Reference 05-18) was a fit and proper person to continue to hold a Private Hire Driver Licence. Licensing Officer, Mrs Sagar, summarised the background to the case and options available in relation to the relevant policy and legislation framework. It was outlined that the Licensing Team were informed by Thames Valley Police in February 2019 of an incident where the Appellant was questioned and his vehicle searched. During the search of the boot, officers found items of a sexual nature and noted an expired vehicle licence plate on display. Furthermore, alcohol was also found in the vehicle. Members were informed that the Appellant had appeared before a Licensing Sub-Committee in October 2013 for failing to display his vehicle licence on four separate occasions. Mrs Sagar also highlighted that following a vehicle inspection in January 2015 items of a sexual nature were found in the vehicle.
The Appellant detailed the circumstances relating to February 2019 incident and explained that although alcohol had been seized from the vehicle, it did not belong to him and a subsequent breath test confirmed that he had not been drinking. The Sub-Committee were informed that the police had been called following a dispute with a customer. The Appellant submitted that there had not been any complaints about his driving in the past.
Members asked a number of questions including why a personal breath test kit was found in the car and why the correct vehicle licence plate was not displayed. The Appellant stated that he had made an error and forgotten to swap over the licence plates. In relation to the number of items of a sexual nature that had been found, it was explained that these had been left in his vehicle by customers.
In summarising, the Licensing Officer acknowledged that whilst no complaints had been received regarding the Appellant, it was clearly inappropriate to keep items of a sexual nature in a licensed vehicle and that the Sub-Committee were considering whether the Appellant was a fit and proper person, on the balance of probabilities, to continue to hold a Private Hire Driver licence.
The Appellant reiterated that he was not aware of how the items had come to be in his vehicle and relied on his income as a driver and would ensure that he took his responsibilities seriously in his future conduct as a licensed driver.
Resolved – That Appellant Reference 05-18’s Private Hire Driver licence be suspended for a period of six months and be given a formal warning about his future conduct as a licensed driver.