Taxi Driver Online

Prior to consideration of this matter Mr O.L explained that his Solicitor had not been available to attend the meeting and he therefore requested that the Committee defer this matter for consideration at a future meeting, when his Solicitor would be in attendance.

The Committee noted that Mr O.L had been provided with a copy of the Committee Report and details of the time and date of the meeting on 1st October 2007. The Committee therefore were of the opinion that he had had sufficient time to obtain legal advice and ensure attendance of a Solicitor. The Committee agreed that consideration of the matter should proceed.

Members noted that this matter had been deferred from a Licensing Committee held on 19th April 2007.

The Committee noted that Mr O.L. was a licensed combined Hackney Carriage/Private Hire Driver and had received a Police caution relating to the Possession of a Class C Drug.

It was explained that the Council had received notification of the caution, from Cleveland Police, on 4th December 2006 and a copy of the notification was provided to Members.

Subsequently, Mr O.L was interviewed by Council Officers. A transcript of the interview was provided to the Committee.

The Committee was reminded of the legislation relating to this matter and was provided with the Council's adopted guidelines on Relevance of Convictions.

Mr O.L was given the opportunity of making a representation to the Committee.

Mr O.L maintained that the drug, a small amount of cannabis, found in his garage was not his and he didn't know how it had got there. He explained that the garage contained a snooker table and friends had access in order to play. Mr O.L claimed that the Police had advised him that, as the drug had been found on his premises, he was the responsible person. In the light of this advise he had accepted a caution.

Members were given the opportunity of asking questions and Mr O.L indicated that he did not take illegal drugs and was willing to take a drugs test.

Following this the Committee requested that Mr O.L and Officers present, other than those Officers from Law and Democracy, leave the meeting whilst a decision was reached.


Oct 07
Members were updated with the situation regarding Hackney Carriage/Private Hire Driver Mr O L.

Members noted that Mr O L was not in attendance. Members considered Mr O L's continued fitness to hold a licence to drive Hackney Carriage/Private Hire Vehicles following a Police Caution he received for possession of a Class C drug, namely Cannabis.

Members noted that following Mr O L's last appearance before them on 9th October 2007 Mr O L indicated that he would be willing to submit to a drugs test in order to satisfy the Committee that he was not a drug user. Mr O L indicated that he had a fear of needles so would be reluctant for a blood test to be taken. An appointment was made for Mr O L to attend Birch Tree Medical Practice on Friday 19th October 2007 at 10 a.m.

On that morning the Licensing Office received a telephone call from the Doctor indicating that Mr O L was reluctant to provide a hair sample and would only give a urine sample. The Licensing Office indicated that this would not be acceptable and a hair sample was required. The surgery staff then informed the Licensing Office that owing to the amount of gel on Mr O L's hair a sample could not be taken on that day by the Doctor.

A further appointment was made for Mr O L to attend on Monday 22nd October 2007 at 11 a.m. A hand delivered a letter was taken to Mr O L's home address on Friday 19th October 2007 informing him of this appointment and confirming that he was required to give a hair sample. Mr O L was informed that should he fail to attend the appointment then he would be referred to this Committee on Tuesday 23rd October at 10 a.m. when he would be required to attend. This information was also forwarded to Mr Paul Watson, Mr O L's Solicitor.

Mr O L failed to attend the appointment on Monday 22nd October and did not make any contact with the Licensing Office to explain his failure to attend. On Monday 22nd October 2007 the Licensing Office contacted both Mr O L's landline and his mobile phone but received no response.

The Licensing Office left a message on Mr O L's mobile voice mail asking him to contact the Licensing Office as a matter of urgency. On the morning of Tuesday 23rd October 2007 the Licensing Office again contacted his mobile phone and left a further voice mail message.

The Licensing Office received no contact from Mr O L or his Solicitor in relation to this matter. On Tuesday 23rd October 2007 Mr N K contacted the Licensing Office and advised that Mr O L had left the country and travelled to Pakistan due to family issues.

Mr O L had not given any indication of when he would be returning to the UK and Members were concerned that this matter could not be left in abeyance. Members had regard to the Council's policy on the relevance of convictions which took a firm view of any cautions or convictions for possession of drugs. It was not in dispute that Mr O L had received a formal Police caution for possession of Cannabis. Mr O L's explanation for this was that it was not his Cannabis but that he had taken responsibility for it as it was found on his premises, namely his garage where he indicated he socialised with his friends.

To date Mr O L had not attended for the drug test and the purpose of the Committee been previously mindful to allow Mr O L to attend for that test was that it should be done as matter of urgency as traces of drugs would disappear from a persons system over time.

RESOLVED that:-

1. Due to Mr O L's caution for possession of cannabis and the fact that Mr O L had failed to submit a drugs test Mr O L was not a fit and proper person to hold a Hackney/Private Hire Driver Licence and therefore Mr O L's Hackney/Private Hire Driver Licence be revoked.

2. Should Mr O L choose to reapply in the future then he would need to provide documentary proof of the date he travelled to Pakistan and when he returned. Members would expect to see Mr O L's passport, flight tickets and financial records or receipts showing when and where Mr O L booked his flight tickets.

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

if any badged HC or PHV with any amount of cannabis is going to be de-badged then there could soon be a few thousand cheap cars for sale, maybe (just maybe) if the cops nailed all the giro-funded drug dealers in every street in britain the supply would dry up...

They shouldnt be licensed in the first place

CC

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

Good.

_________________
IDFIMH

dont get me wrong, im anti-drug, im also anti-smoking, anti-drinking and anti-social


er, i mean.....


but if a driver is clean whilst working, of any substance abuse, should he be chastised for what he does in his spare time? especially when joe public isnt?

should i hide my mary millington betamax tapes?

Its like the wild west this particular place!

Consideration was given to a report regarding a complaint reported by a young female member of the public regarding the conduct of a Licensed Hackney Carriage and Private Hire Driver who was reported to have exposed himself to her.

Mr AM was a licensed hackney carriage and private hire driver and his licence expired on 31 August 2008. Mr AM submitted his renewal application on 29th August 2008.

The incident was reported to the police who originally arrested Mr AM for Exposure but had subsequently determined to take no further action. A
A complaint was received by the complainant's mother to the licensing office with regard to Mr AM asking inappropriate questions and exposing himself to a young female passenger. Full details of the incident were included in the report to the Committee. The driver was suspended, with immediate effect, using delegated powers pending the outcome of the police investigations.

During an ID parade the complainant picked out Mr AM. However, Mr AM alleged he had previously dropped a fare near the complainant's home address and that she saw him then and this was why she picked him out of the parade. Mr AM believed this was a set up from SC, his previous employers, since he thought it was suspicious to send him to that address while he was not in the immediate area for a small fare.

The Crown Prosecution Service decided to take ‘no further action' as the complainant was unable to identify the driver when he was in her street on 5th June. The complainant advised that she was unable to get a clear sighting of the driver at that time and that she was certain that the driver she picked out of the ID parade was the driver who exposed himself to her and she stood by her complaint.

Mr AM had agreed to release the record of his interview with the police to the Council and a copy was made available for members.

Investigations in to the allegation that Mr AM felt he was ‘set up' by SC had been carried out and a statement from the telephone operator working that day advised that the computer automatically chose the closest available vehicle to the job and at that time it was Mr AM's vehicle as he had just completed a job in S******n Road, N****n. A statement from the Licensed Private Hire Operator for SC confirmed the same and advised that he had had cause to speak to Mr AM with regard to complaints made against him in relation to fares.

Mr AM was interviewed on 27 October 2008.

Members were advised that Council records showed that in March 2006, Mr AM was given a written warning by Officers, with regard to his conduct and advances towards a female passenger. The complainant at the time advised that once her friends had left the vehicle, and she was a lone passenger, he asked her to sit in the front of the car and then allegedly behaved inappropriately towards her. This matter was not pursued any further at the express wishes of the complainant at that time.

Members were further advised that in January 2006 Mr AM was issued 6 licensing penalty points for not complying with conditions by ensuring he had a fire extinguisher and first aid kit in the vehicle. In March 2006 Mr AM was given licensing penalty points for being abusive towards a parking attendant who had issued a ticket for illegally parking in D******t Street. In April 2006 Mr AM was issued another three licensing penalty points for not checking the vehicle for lost property and not assisting a disabled passenger.

Members were reminded that under the provisions of Section 61 (1)(a) of the Local Government (Miscellaneous Provisions) Act 1976 the Council may suspend or revoke or refuse to renew the licence of a hackney carriage and/or private hire driver on any of the following grounds: -

(a) that he has since the grant of the Licence: -

(i) been convicted of an offence involving dishonesty, indecency or Violence; or

(ii) been convicted of an offence under or fails to comply the provisions of the
Act of 1847 or of this part of this Act; or

(b) any other reasonable cause.

Mr AM, his legal representative, the complainant and a witness were in attendance at the meeting. The complainant and witness were taken through their statements and confirmed what had happened, and Mr AM was given an opportunity to present his case.

The Committee noted that Mr AM denied he was the driver who had allegedly made inappropriate comments and exposed himself to the complainant. The Committee also noted that Mr AM was of the opinion that his previous employer had engaged in some sort of conspiracy with the complainant and had deliberately arranged for him to attend a booking which was dropping off in the same road where the complainant lived.

The Committee did not accept that there was a conspiracy against Mr AM by his ex employer. It was noted that witness statements had been presented to the Committee from the Operator of SC and a radio Operator at SC. Their evidence was that Mr AM had been dispatched to the booking as he was the nearest vehicle in the locality and had been selected automatically by the computer booking system.

The Committee noted that there was an issue over the reliability of the ID evidence given that the complainant and Mr AM had allegedly had a conversation on 5th June 2008. Mr AM was of the opinion that this was the reason why the complainant picked him in the ID parade.

The Committee further noted that Mr AM had received a previous complaint for inappropriate behaviour toward a female passenger in 2006. Mr ******, Licensing Officer, had investigated a complaint and had formally interviewed Mr AM in relation to that on 16th January 2006. It was noted that at that time the complainant was reluctant to take the complaint further but that Mr ****** had felt it appropriate to send him a warning letter advising that such behaviour was inappropriate and that he should be extremely careful in the future.

The previous complaint bore striking similarities to the complaint that had been received from the complainant and was before the Committee. It was noted that Mr AM had failed to respond to the warning letter even though he was invited to respond if he wished and his comments would be placed on record.

The Committee noted that Mr AM could not account for his whereabouts on the date and time of the incident and had no alibi. Mr AM accepted that if he had no booked jobs he would work from the rank on S****** High Street where the complainant had been picked up.

The Committee was advised that they had to decide on the balance of probabilities whether Mr AM was responsible for the behaviour alleged i.e. he was the driver of the vehicle when the driver was alleged to have made inappropriate comments and exposed himself to the complainant.

The Committee found that Mr AM was the driver of the vehicle and was responsible for the behaviour as alleged by the complainant.

The Committee resolved that such behaviour was totally unacceptable for a licensed driver and rendered Mr AM unfit to hold a drivers licence. The Committee therefore resolved to revoke his drivers licence under Section 61 "any other reasonable cause".

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

I gave a woman my card, she asked "how far do you go?"


now, being fed a very easy one like that usually cheers me up but we were in my front room and the wife was sat with her


my face must have given away what i was about to say, but one glance from she who must be obeyed diverted my comments

Thats not all, the following have been considered;

Possession of a Prohibited Firearm.

Private Hire Driver who was charged with three counts indecent assault on his stepdaughter.

‘actual bodily harm' against a 60 year old lady.

arrested for ‘affray'

arrested for ‘grievous bodily harm - wounding'

Assault Occasioning Actual Bodily Harm

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

How can you tell if the Druggy drivers clean when he's working...some of those guys look spaced out 24/7


Mary Millington.....a Bigger cause of wrist strains in teenage boys in the 1970's than Clackers... but then again..clackers couldnt make ya go blind...unless you was really unlucky..

same bloke? how did he fit in any driving?

Different people,

apart from the 3rd, 4th & 5th ones listed that bloke kept his badge,

the 5th one kept his

and the 1st had been driving since 1997, the offences occured in 2001 and werent declared until 2007 when his badge was revoked.

CC

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

That bloke kept his badge.



Got mixed up in previous post, the 2nd had been driving since 1997, the offences occured in 2001 and werent declared until 2007 when his badge was revoked.

CC

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

rosie dixon, night nurse.....ooohhhhh yeah

If a driver gets caught with drugs, bye bye licence, simple, we know the rules, if we choose to ignore them........

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stressed controller!!!