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 and the oral representations of the parties who attended were also considered, as well as 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 their Statement of Policy and Guidelines and Statutory taxi and private hire vehicle standards.

The Senior Licensing Officer (Compliance) advised the Panel that the Applicant had had his Hackney Carriage and Private Hire Driver’s Licence previously revoked in September 2021 and that an application for a Hackney Carriage Driver licence was refused in March 2023, due to his complaint history (the full details of which were set out in appendix 2 of the associated report).

It was highlighted that the Applicant had been able to drive during his appeal at which point another complaint was made against Mr Kayani in September 2022. The Applicant had over charged passengers and had had to refund them when the Licensing Unit became involved in the matter.

The Applicant apologised to the Panel for his past conduct and stated that he had now changed his life. He advised the Panel that he had done an anger management course. When questioned about the Provider of the course he provided a certificate. Mr Kayani confirmed it was a very short course completed in just one day.

The Panel considered the complaints made against the Applicant which demonstrated aggressive conduct towards other drivers and passengers. Further complaints indicated overcharging of passengers, driving in a very poor manner and a failure to keep his vehicle in a good condition.

The Panel reminded themselves that their Statement of Policy and Guidelines confirms that they may take into consideration a drivers conduct. The Panel then took into consideration statutory guidance concerning the Fit and Proper test at Section 5.4 which 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 noted that the Applicant had undertaken a very short course in anger management but could not be satisfied that this short course would prevent any further incidents from occurring. They resolved that the Applicant had an appalling record of complaints which had even continued when the Applicant was appealing the decision to revoke his licence. As stated in the guidance safeguarding of the public is paramount and the Panel concluded on the balance of probabilities that the Applicant was not a fit and proper to hold a private hire drivers’ licence.

Decision

To refuse the application for a hackney carriage driver license.