(Schedule 12 A, paragraph 1. Information relating to any individual.)

The Licensing Officer summarised the evidence provided within the report and explained that the purpose of the hearing was to seek a review of the Hackney Carriage drivers licence giving consideration to section 61 of the Local Government Miscellaneous Provisions) Act 1976 which included dealing with offences such as dishonesty, indecency or violence or any other reasonable cause, as detailed within the report.  The Licensing Officer advised that when applying to be licensed as a Hackney carriage driver, applicants needed to demonstrate that they were a fit and proper person.

The Committee heard from the Hackney Carriage Driver, and Police representative, and all present were given the opportunity to ask questions on the statements made.

At 8.44p.m. the Hackney Carriage Driver, Police representative and all Officers present except for the Legal Services Manager and Democratic Services Officer withdrew from the Conference Room.

At  9.20 p.m. All were asked to return to the Conference Room, to hear the decision.

Having considered the papers provided to them and heard from all peoples present, the Committee noted that despite the submissions he had accepted a Police caution and as such had admitted that offence.

The Committee considered that the Hackney Carriage Driver was in a position of trust and that public safety was paramount.  Working as a driver of a Hackney carriage, he would come into contact with many people.  In determining the matter, it was necessary for the Committee to consider whether he continued to be a fit and proper person to hold a hackney carriage licence.

The Committee noted the previous suspensions and were deeply concerned that he continued to fall beneath the standards expected.

Resolved:       That:

(i)      the nature of the event appeared so serious that a period of suspension of 9 months would allow him to reflect and become a fit and proper person again;

(ii)     he has the right of appeal to the Magistrate’s Court (Sevenoaks) within  a period of 21 days from the date of this decision, after which the suspension of his Hackney Carriage Licence would take effect. During that 9 month period he may not work as a taxi driver, and should reflect upon his conduct, to become a fit and proper person;

(iii)    it be recommended that it may be helpful to seek advice on anger management during the 9 month suspension period; and,

(iv)    this third suspension was viewed very seriously and that it was extremely likely that any repetition would have the most serious consequences.