The Assistant Director of Community Protection submitted an exempt report in connection with the review of Combined Hackney Carriage and Private Hire Vehicle Driver Licence, Ref: 28/12, where circumstances had arisen which required special consideration by the Committee.
The Senior Licensing Officer advised Members that the case was adjourned from the meeting held on 3 September 2012 in order to give all witnesses the opportunity to attend the Committee and for Members to view the mobile phone footage of a witness which could allegedly prove the assertion that there were five people in the car on the night of the alleged offence.
The Senior Licensing Officer advised that numerous attempts had been made to obtain the additional evidence however Officers had been unable to obtain the mobile phone footage.
The Senior Licensing presented the report setting out the circumstances of the case relating to the offences detailed at (1) to (3) of the report and a complaint regarding the behaviour of the driver submitted to the Licensing Office on 1 March 2012 by a member of the public.
The driver who was accompanied by a representative confirmed that the report was an accurate representation of the facts. The drivers representative advised Members that he had recommended to the driver that he seek representation by a qualified solicitor. The driver indicated to the Chair that he preferred for the case to go ahead without legal representation.
The drivers representative presented his case and responded to questions from Members of the Committee. It was confirmed that there were no further questions and the driver and his representative left the room.
The three witnesses were invited into the room and each witness was invited to go through their statement and respond to questions from Members of the Committee. It was confirmed that there were no further questions and the three witnesses and officers of the Council, other than representatives of the Councils Legal Services and Members Office, withdrew whilst the Committee determined the application.
Subsequently the driver and his representative and the Senior Licensing Officer returned and the Chair announced the Committees decision.
ORDERED that Combined Hackney Carriage and Private Hire Vehicle Driver Licence, Ref: 28/12, be retained as Members considered that there was insufficient evidence to take any further action.