To consider a report that seeks consideration of the fit and proper status of the holder of a dual Hackney Carriage and Private Hire Drivers' Licence.

Members considered a report that set out relevant facts relating to a holder of a Torbay Council dual Hackney Carriage and Private Hire Driver’s Licence.  Members were requested to determine based on the facts before them, whether or not the applicant of the dual Hackney Carriage and Private Hire Driver’s Licence remained a fit and proper person to hold such licence.

At the Hearing the Respondent addressed Members and responded to their questions.

Decision

That Mr Mohammed be formally warned in writing and that this warning shall remain in situ for a period of 18 months and that should any further issues of concern arise within that 18-month period which requires Mr Mohammed to appear again before a Licensing Committee, Members of that Committee shall be made aware of this written warning; and

That Mr Mohammed read and familiarises himself with the contents of Torbay Council’s Hackney Carriage (Taxi) and Private Hire Policy, as issued to him and that he keeps a copy of the said Policy in the licensed vehicle at all times when on duty as a licensed driver for future reference.

Reason for Decision:

In coming to that decision, Members carefully considered having been charged with the responsibility to determine the drivers’ licence, whether they would allow their son or daughter, spouse or partner, mother or father, grandson or granddaughter or any other person to whom they care, or any other vulnerable person known to them to get into a vehicle with Mr Mohammed alone.  An unequivocal and unanimous answer by Members to this question was ‘yes’.

Members of the Committee heard from the Licensing Officer that Mr Mohammed had held his Torbay Council Drivers Licence since October 2021, having previous to that been licensed from 2012 to 2018. In August 2023 Devon and Cornwall Police had contacted them in relation to a speeding offence committed in Plymouth at 22.02 hours on 16 April 2023 where Mr Mohammed, the registered proprietor of the vehicle, had nominated out a different driver stating that he had given permission for this person to have access to the vehicle.

The Authority’s records showed that this person did not hold a Torbay Council Drivers Licence and therefore in lending out his vehicle Mr Mohammed was in contravention of the Taxi Policy, and in doing so committed an offence under the Town Police Clauses Act 1847.

In his oral submissions, Members heard from Mr Mohammed how he had become too poorly to work during his shift that day and had to return home to go to bed. He then allowed a friend who was visiting his partner to use his licensed vehicle to collect some pre-ordered shopping from a specialist Mediterranean food store in Plymouth, which was to close at 11pm. Mr Mohammed described this as a family emergency. Mr Mohammed further described thereafter being too unwell to work for a period of 3 days, which is supported by his card machine payment records.

Having heard Mr Mohammed’s representation and explanation of the circumstances, and by his own admission, Mr Mohammed had clearly misunderstood Torbay Council’s Hackney Carriage and Private Hire Licensing Policy in not only having confirmed that he was unaware that no other person apart from himself was permitted to drive the licensed vehicle, but also in that removing the plate from the vehicle, as suggested by Mr Mohammed, would have been acceptable, which is not the case.

Members had regard to the fact that the Respondent had in his written reply to the Licensing Officer, admitted to the oversight and appeared remorseful before them, However, resolved in their opinion, that whilst his actions were likely unintentional, they showed a disregard for the Taxi Policy with which he is expected to have read and understood. Members did not accept Mr Mohammed’s opinion that food collection constituted a family emergency.

In concluding, Members considered the mitigating circumstances put forward by the Respondent and the seriousness of the offence being a not only a breach of Policy but additionally, an offence under Town Police Clauses Act 1847, however noted Mr Mohammed’s clean driving licence and whilst aware of a historic complaint, relating to his conduct, which was not pursued, saw no reason to consider Mr Mohammed to be a risk to public safety and therefore determined, that it was both appropriate and proportionate to formally warn Mr Mohammed on this occasion.