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Decision details
Licensed driver with excess penalty points. "Fit and Proper" test
Decision Maker: Environment and Safety Committee
Decision status: For Determination
Is Key decision?: Yes
Is subject to call in?: No
Purpose:
CCTV submitted due to a complaint from a member of the public about the driver's conduct for the duration of a journey.
Decisions:
The Licensing Lead Officer submitted a report to consider if the driver is a “fit and proper” person to continue holding a Hastings Borough Council Hackney Carriage/ Private Hire dual driver’s licence as a result of getting 12 penalty points on his current licence.
In line with Hastings Borough Council’s disciplinary code, this meeting of the
Environment and Safety Committee was called to determine if the applicant is a “Fit and Proper” person to hold a Hastings Borough Council Hackney Carriage/Private Hire driver’s licence.
The Licensing Lead Officer gave an overview of his report and answered questions from Committee members. The Committee were shown video evidence of the incident which resulted in 12 penalty points.
The driver made a submission to the Committee and answered questions from Councillors and the Licensing Lead Officer.
RESOLVED (Unanimously):
The Environment and Safety Committee for and on behalf of Hastings Borough Council has considered the report of the licensing officer and the submissions made by the driver and decided the driver is not a “Fit and Proper person” to hold a Hackney Carriage/Private Hire Vehicle Driver’s Licence and instruct the Environmental Health and Licensing Manager to suspend his licence for up to three months or until he has completed an equalities training course to the satisfaction of the Licensing Officer, whichever is sooner.
Reasons for the decision:
While the Committee understood that the driver’s job was important to him and he had a young family to support he had used an unacceptable obscenity and an unacceptable joke which was discriminatory and targeted a minority group. While the Committee believed the driver’s apology was sincere, it was believed that training was needed for the driver to fully understand what was wrong with what he had said and why it was offensive. The Committee believed the training would support the driver to continue with his profession as a taxi driver.
(Chair closed the meeting at 6:40 PM)
Report author: Nadine Gower
Publication date: 19/03/2021
Date of decision: 18/03/2021
Decided at meeting: 18/03/2021 - Environment and Safety Committee
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