Meeting documents

Regulatory Committee (2005-2016)
Thursday, 16th December, 2010 7.30 pm

Date:
Thursday, 16th December, 2010
Time:
7:30 pm
Place:
New Council Chamber, Town Hall, Reigate
 

Attendance Details

Present:
Councillor A.M. Lynch (Chairman), Councillors S.S. Banwait, R. Bennett*, Mrs. L.J. Brunt, M.A. Brunt†, Dr. L.R. Hack, R. Harper, A.C.J. Horwood, G.L. Norman, Ms B.J. Thomson and S.T. Walsh.

†Substitute Member

*Councillor Bennett was appointed to the Committee by Council on 9 December 2010, replacing Councillor I. Khan.
Min NoDescriptionResolution
Part I
18. MINUTES
RESOLVED that the Minutes of the meeting held on 21 October 2010 be approved as a correct record and signed.
19 APOLOGIES FOR ABSENCE AND SUBSTITUTIONS
Councillors: Dr. L.R. Hack,
R. Harper, A.C. Horwood (sub: M.A. Brunt) and Ms B.J. Thomson (sub: M.S. Blacker)
20 DECLARATIONS OF INTEREST
None.
21 ANY OTHER URGENT BUSINESS
None.
22 EXEMPT BUSINESS
RECOMMENDED that members of the Press and public be excluded from the meeting for the following items of business under Section 100A(4) of the Local Government Act 1972 on the grounds that:

RESOLVED, that members of the Press and public be excluded from the meeting for the following item of business under section 100A(4) of the Local Government Act 1972 on the grounds that:

(i) it involves the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A of the Act; and

(ii) the public interest in maintaining the exemption outweighs the public interest in disclosing the information.
Part II(Confidential)
23 LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1972 SECTION 61 - REVOCATION OF DRIVER'S LICENCE
  • (Attachment: 2)Agenda item: 6 - report
  • |
    (Attachment: 3)Agenda item: 6 - annexes
RESOLVED that

(1) the licence be suspended until the next meeting of the Regulatory Committee, to allow the licence holder an opportunity to attend the meeting and respond to the complaints;

(2) Officers be instructed to notify the licence holder of the Committee's decision and to confirm the date of the next meeting; and

(3) the licence holder be advised that, should he choose not attend the next meeting of the Regulatory Committee, the matter will be considered in his absence.


Reasons for the Decision

The Committee considered the report before it, and the evidence within it provided by three private individuals and a licensed hire operator, together with the letter from the licence holder dated 3 December 2010.

It noted the failure of the licence holder to attend the meeting despite the papers having been hand-delivered to his address and several attempts having been made to communicate with him, both by telephone and through his new employer.

The Committee concluded, in compliance with s51 of the Local Government (Miscellaneous Provisions) Act 1976, that the allegations were so serious as to require immediate suspension of the licence, in the interests of public safety, because the allegations indicated that the licence holder had put women in fear for their safety on more than one occasion.

It did, however, wish to give the licence holder an opportunity to make submissions before taking a final decision, in view of the serious nature of the allegations against him.
8.34 pm

Minute

Min NoMinute
23The Committee received a report on complaints, made by passengers, about the conduct of a private hire licence holder. The report included copies of witness statements, transcripts from two recorded interviews with the licence holder and correspondence from the licence holder's employer at the time of the complaints.

The Committee followed the proceedings set out in Procedure Note C, circulated to all those present.

The licence-holder was not present for the hearing.

The Licensing Officer presented the report and outlined the facts of the case.

The first complaint was made in May 2010 and concerned the driver's attitude towards a wheelchair user and her friend. Both passengers state that the driver made clear his annoyance at being given the job and that he inferred that all other drivers felt the same. He continued to complain throughout the journey and did not offer any help with getting the wheelchair into and out of the boot of his car.

A formal complaint was made and the licence holder was interviewed by officers. No further action was taken on this occasion beyond a letter being sent to the driver, advising that the complaint had been recorded on his file and would be taken into account should any further complaints be received.

A subsequent formal complaint was received in July 2010, from a lady passenger taking a taxi alone at night. The passenger complained that the driver made inappropriate comments and references to women, and that he did not take the direct route home. She was so nervous that she asked to be dropped off some distance from her home. The complainant also reported the incident to the police because of her concerns.

Officers interviewed the licence holder again, following this complaint, and the decision was taken to refer the matter to the Committee, to determine whether the licence holder remained a fit and proper person to hold a private hire licence.

It subsequently transpired that the driver's employer, at that time, had received an earlier complaint, in March 2010, from a lady passenger who was made uneasy by the attitude of the driver and who asked not to be sent him again.

It was noted that the driver was no longer employed by the taxi company in question, because of the complaints received.

In the absence of the licence holder and any opportunity to put questions to him, the Committee sought guidance from officers about the nature of the allegations.

In particular, Members focused their attention upon the discriminatory elements of the complaint made in May 2010, and the implications for public safety and risk to others highlighted in the other complaints, both being from women travelling on their own late at night.

The Committee adjourned at7.52 pm to deliberate in private session
and reconvened at 8.31 pm to give its decision.