The report of the Head of Planning, Building Control and Licensing is enclosed.

The Hearing Panel considered the report from the Headof Planning, Building Control and Licensing regarding the above application. The Applicant attended the hearing along with a supportive friend and was assisted in the hearing with Interpreter that was provided by the Council. The oral representations of all of the parties who attended were also considered, in conjunction with the relevant guidance. The matter was considered in line with the established procedure for taxi licensing hearings.

In reaching its decision, the Panel took into consideration the Council’s Statement of Policy and Guidelines and statutory Taxi and Private Hire Vehicle Standards.

The Panel was advised by the Senior Licensing Officer (Compliance) that the Applicant had previously held a private hire drivers’ licence which was revoked in October 2021. This followed an incident that had occurred in December 2020 which was referred to the Licensing unit from West Yorkshire Police, the full details of which were set out in the report but in summary involved the abandonment of passengers (including children) on the M1 Motorway hard shoulder. The Panel had viewed the footage of the incident prior to the hearing, when reading the reports and had observed the Applicant throwing the passengers luggage out of the vehicle.

The Applicant appealed the Panel’s decision to revoke to the Magistrates and Crown Court where he was found not to be ‘fit and proper’ and the decision of the Sub-Committee was upheld.

The Applicant’s supportive friend advised the Panel that the Applicant was sorry for his mistake, and that it should not have happened. The Panel was told that Mr Khan had learnt his lesson over the last 3 and ½ years and this was the only incident on his record. Furthermore the Applicant advised the Panel that he would never do it again.

In the hearing, the Applicant clarified his comments about the reasons that the passengers were abandoned on the hard shoulder; this he said was attributable to them being tourists and therefore unfamiliar with the UK’s motorway network. The Applicant also confirmed on questioning that he had paid the passengers £350.00 in compensation for the damaged luggage.

The Panel reminded themselves that their Statement of Policy and Guidelines confirms they can consider a drivers conduct. The Panel then considered statutory guidance concerning the Fit and proper test which at Section 5.4 states:

“Licensing authorities have a duty to ensure that any person to whom they grant a taxi or private hire vehicle driver’s licence is a fit and proper person to be a licensee. It may be helpful when considering whether an applicant or licensee is fit and proper to pose oneself the following question:

Without any prejudice, and based on the information before you, would you allow a person for whom you care, regardless of their condition, to travel alone in a vehicle driven by this person at any time of day or night?

If, on the balance of probabilities, the answer to the question is no, the individual should not hold a licence. Licensing authorities have to make difficult decisions but (subject to the General principles) the safeguarding of the public is paramount. All decisions on the suitability of an applicant or licensee should be made on the balance of probability. This means that an applicant or licensee should not be given the benefit of doubt. If the committee or delegated officer is only 50/50 as to whether the applicant or licensee is fit and proper, they should not hold a licence. The threshold used here is lower than for a criminal conviction (that being beyond reasonable doubt) and can take into consideration conduct that has not resulted in a criminal conviction.”

The Panel acknowledged that this incident happened 3½ years ago and that this was the only matter on this driver’s record, however it became evident that the Applicant still did not understand the significance of his actions on that day. The Panel did not accept the account given by the Applicant in the hearing regarding the event that had occurred that day and viewed the incident as a very serious matter. They had grave concerns regarding public safety following the actions of the Applicant.

Following careful consideration of all of the evidence and applying the relevant tests the panel concluded that on the balance of probabilities the Applicant was not a fit and proper person to hold a private hire drivers’ licence.

Decision

To refuse the application for a private hire driver licence.