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Public Protection Sub Committee - Wednesday, 8th January, 2025 10.00 am
January 8, 2025 View on council websiteSummary
The Public Protection Sub Committee met on Wednesday 8 January 2025 to discuss matters relating to Hackney Carriage and Private Hire drivers' licences. The committee considered four applications, resolving to take no further action in two cases, refuse one application, and suspend one licence for 28 days with a written warning.
Hackney Carriage/Private Hire Matters
The committee considered several applications concerning Hackney Carriage and Private Hire drivers' licences.
Application 1: Allegations of Overcharging
The Sub Committee reviewed a complaint against a driver accused of attempting to charge a customer an extra amount for paying by debit card and not using the calibrated meter. The driver explained that he had offered card payments before it was mandatory and that on the night in question, he had accidentally pressed an extra charge button on his payment device. He stated that the passenger was not charged extra, and the receipt confirmed the fare was £9.30, as shown on the meter. The driver's representative highlighted that there had been no previous complaints against the driver.
The witness, however, recalled being quoted £10 for a journey to Penylan and being told there would be a £1 fee, which he disputed. He stated that he paid £9.30 at the end of the journey and took a photograph of the meter, which he believed showed the £1 fee added. The driver clarified that the £1 fee had not been added to the fare.
Decision: It was resolved that no further action be taken.
Application 2: Driving Licence Penalty Points
The Sub Committee considered whether a driver remained a fit and proper person to hold a licence due to having 9 penalty points on his driving licence. The driver acknowledged complacency, particularly regarding two speeding offences in the same week, attributing them to a personal crisis. He explained a misunderstanding regarding the declaration of penalty points on his licence renewal, believing one offence had not yet been penalised.
Members noted the driver's need to be careful to retain his licence. The driver stressed the importance of his taxi driving work for his ability to care for his wife and reiterated that the offences were a temporary lapse in judgment.
Decision: It was resolved that no further action be taken.
Application 3: Unspent Conviction
An application for a Hackney Carriage / Private Hire Driver's Licence was considered due to a conviction contrary to guidance. The driver stated that six years prior, he had received a caution for sexual assault while new to the country and under the influence of alcohol. He had apologised to the victim and accepted the caution.
When questioned about not declaring this on his application, the driver explained that he was unaware of the requirement at the time due to his limited English and understanding of the UK legal system. He expressed shame for both his actions and the non-declaration.
Decision: It was resolved that the application for a Hackney Carriage / Private Hire Driver's Licence be refused.
Application 4: Undisclosed Caution
The Sub Committee reviewed whether a driver remained a fit and proper person to hold a licence, given he had received a caution for battery in 2022, which he did not declare on his renewal application. The driver explained that the caution arose from an incident with his wife, and he had misunderstood the renewal question, believing it only applied to convictions, not cautions.
Members questioned why the caution had not been declared immediately or upon renewal. The driver apologised, stating he had understood a caution as a warning rather than something that would appear on his record. He added that in his 16 years as a taxi driver, he had no prior incidents of this nature, and the matter with his wife had been resolved.
Decision: It was resolved that the Hackney Carriage / Private Hire Driver's Licence be suspended for 28 days, and the driver receive a written warning.
One further case was deferred to the next meeting.
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