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RESOLVED – That the following matters be dealt with as indicated: (1) Application 1 The Sub Committee was asked to determine if a driver remained a fit and proper person to continue to hold a Hackney Carriage / Private Hire Driver’s Licence given that a complaint had been received stating that he engaged with sexual intercourse with a female passenger after an Uber-booked journey. It was also alleged that the driver made a comment suggesting that it was not the first time he had engaged in sexual activity with a passenger. The driver did not attend the meeting. The Sub Committee were unanimous in the view that the hearing should proceed in his absence due to the seriousness of the complaint. An officer from the Licensing department addressed the Sub Committee. Members were provided with details of the complaint and the details of the officer’s enquiries into the matter. The officer provided details obtained from GPS data which indicated that the vehicle had stayed in the vicinity of the complainant’s home for 40 minutes after the journey had ended. The complainant indicated in her statement that the driver had stopped at a garage on route to the destination in order to purchase condoms. Following further investigations by the officer, Members were advised that GPS data proved that the vehicle had stopped at a garage on Newport Road for a short time during the journey. Further enquires with the garage operators indicated that there was only one customer at the garage during the times in question. A till receipt in the amount of £7.15 for condoms was provided, purchased using a debit card. Officers cross-referenced the debit card with payments made by the driver at the Cardiff Hackney Office, and the same debit card was used. Members were also provided with details of other complaints that had been received relating to the driver, including one pending allegation of assault. RESOLVED – that the Hackney Carriage / Private Hire Driver’s Licence be revoked. (2) Application 2 The Sub Committee was asked to determine if a driver remained a fit and proper person to continue to hold a Private Hire Driver’s Licence given that a complaint had been received stating that he swore and shouted at members of the public and drove towards flag holders. Addressing the Sub Committee, the driver stated that he was not working at the time of the incident. He had been running an errand for his mother, and his younger brother was in the vehicle. The driver apologised for his actions and stated that the incident happened on the first day of fasting for Ramadan, so he had perhaps acted impatiently. Addressing the Sub Committee, the witness explained that the St David’s Day march was well-organised and the organisers were trying to manage the flow of traffic. Other vehicles were also being delayed but no other drivers acted in this way. RESOLVED – that the driver be given a written warning regarding unacceptable conduct. (3) Application 3 The Sub Committee was asked to determine if a driver remained a fit and proper person to continue to hold a Hackney Carriage / Private Hire Driver’s Licence given that a complaint had been received stating that he used offensive language towards the complainant. The witness did not attend the meeting. Addressing the Sub Committee, the driver stated that he was working in Swansea that day but he had no recollection of the incident. He felt that he was a very experienced and professional driver, and this was supported by a number of references provided and a very high Uber rating. RESOLVED – that no further action be taken. (4) Application 4 The Sub Committee was asked to consider an application for the Grant of a Hackney Carriage / Private Hire Driver’s Licence given that the applicant had declared previous convictions and a motoring conviction contrary to the guidance. Addressing the Sub Committee, the applicant explained that the recent IN10 offence had occurred when he had driven his wife’s car without third party cover. At the time he was unaware that the insurance policy had been updated, and he was no longer a named driver. RESOLVED – that the application for a Hackney Carriage / Private Hire Driver’s Licence be approved. (5) Application 5 The Sub Committee was asked to determine if a driver remained a fit and proper person to continue to hold a Hackney Carriage / Private Hire Driver’s Licence given that a complaint had been received from South Wales Police stating that he had committed a speeding offence and falsely completed the Notice of Intended Prosecution (NIP) form indicating that another person had committed the offence. The complaint also alleged that the driver falsely completed NIPs in respect of three speeding offences in a previous taxi owned by him and licensed by Cardiff Council. Addressing the Sub Committee on behalf of South Wales Police, PC Ben Thomas explained that a vehicle owned by the driver had exceeded the speed limit and so a NIP was issued. The form was returned stating that another individual was driving the vehicle, but the police established that the vehicle was not insured for other people to drive, and the named individual did not appear on any databases other than court records. PC Thomas suggested that there was no evidence that the named individual existed. Further investigation of court records indicated that a different vehicle owned by the driver had previously exceeded the speed limit on three occasions, with the NIP for each offence stating that the same individual had been driving the vehicle, again without having insurance to do so. The driver accepted PC Thomas’ statement and apologised for a serious error in judgement. He explained that on the first occasion, the named individual was his father-in-law, and suggested that he was actually driving the vehicle. PC Thomas reiterated that there were no records to prove that this individual existed. RESOLVED – that the Hackney Carriage / Private Hire Driver’s Licence be revoked. (6) Application 6 This item was deferred to the next meeting. (7) Application 7 The Sub Committee was asked to determine if a driver remained a fit and proper person to continue to hold a Hackney Carriage / Private Hire Driver’s Licence given that a complaint had been received stating that he overcharged a passenger by using the incorrect tariff for the fare, and also did not return the correct change. Addressing the Sub Committee, the witness explained that shortly after the commencement of the journey she noticed that the taxi meter was displaying ‘Tariff 2’ and queried this with the driver, who stated that Tariff 2 started at 6pm. The complainant suggested that it was 5:45pm at the time. The driver stopped the meter on route to the destination. At the destination it was alleged that the driver did not provide the correct change. Addressing the Sub Committee, the driver confirmed that the meter was displaying Tariff 2. He was unable to explain why this had happened, as drivers were unable to select which tariff was used. The meter automatically set the tariff depending on the time of day. The meter had since been checked by officers at the Hackney Office and was in working order. The driver denied providing the wrong change at the destination. RESOLVED – that the driver receive a verbal warning regarding his conduct. (8) Application 8 The Sub Committee was asked to determine if a driver remained a fit and proper person to continue to hold a Hackney Carriage / Private Hire Driver’s Licence given that a complaint had been received stating that he made unwelcomed sexual conversation and references with a customer. The driver stated that he could not remember the incident in question. He had been working as a taxi driver for 25 years without any problems. Responding to questions from the Sub Committee, he confirmed that he was no longer working for Cabs64. Cabs64 had provided a statement that indicated that the driver had been warned about his conduct on a number of occasions. The driver stated that he had only been asked not to ‘joke’ with customers. Members asked whether joking with customers previously had including comments of a sexual nature. The driver replied that sometimes the comments were sexual. Members asked why the driver, who was in a position of responsibility, would make comments of a sexual nature when he had previously been warned not to do so. Addressing the Sub Committee, the witness explained that at the start of her journey she had difficulty with her seatbelt. The driver made a number of offensive sexual comments and used atrocious language throughout the journey. He also placed his hand on her leg and moved it up to rub her thigh. The journey was a horrible experience, and she was frightened and scared that she would have a seizure related to a health condition. The driver denied touching his passenger. RESOLVED – that the Hackney Carriage / Private Hire Driver’s Licence be revoked.
The following item is confidential and exempt from publication as it contains exempt information of the description contained in paragraph 14 of Part 4 and paragraph 21 of Part 5 of Schedule 12A of the Local Government Act 1972. The public may be excluded from the meeting by resolution of the Committee pursuant to Section 100A(4) of the Local Government Act 1972 during discussion of this item.
Y penderfyniad fel y'i cofnodwyd
RESOLVED – That the following matters be dealt with as indicated: (1) Application 1 The Sub Committee was asked to determine if a driver remained a fit and proper person to continue to hold a Hackney Carriage / Private Hire Driver’s Licence given that a complaint had been received stating that he engaged with sexual intercourse with a female passenger after an Uber-booked journey. It was also alleged that the driver made a comment suggesting that it was not the first time he had engaged in sexual activity with a passenger. The driver did not attend the meeting. The Sub Committee were unanimous in the view that the hearing should proceed in his absence due to the seriousness of the complaint. An officer from the Licensing department addressed the Sub Committee. Members were provided with details of the complaint and the details of the officer’s enquiries into the matter. The officer provided details obtained from GPS data which indicated that the vehicle had stayed in the vicinity of the complainant’s home for 40 minutes after the journey had ended. The complainant indicated in her statement that the driver had stopped at a garage on route to the destination in order to purchase condoms. Following further investigations by the officer, Members were advised that GPS data proved that the vehicle had stopped at a garage on Newport Road for a short time during the journey. Further enquires with the garage operators indicated that there was only one customer at the garage during the times in question. A till receipt in the amount of £7.15 for condoms was provided, purchased using a debit card. Officers cross-referenced the debit card with payments made by the driver at the Cardiff Hackney Office, and the same debit card was used. Members were also provided with details of other complaints that had been received relating to the driver, including one pending allegation of assault. RESOLVED – that the Hackney Carriage / Private Hire Driver’s Licence be revoked. (2) Application 2 The Sub Committee was asked to determine if a driver remained a fit and proper person to continue to hold a Private Hire Driver’s Licence given that a complaint had been received stating that he swore and shouted at members of the public and drove towards flag holders. Addressing the Sub Committee, the driver stated that he was not working at the time of the incident. He had been running an errand for his mother, and his younger brother was in the vehicle. The driver apologised for his actions and stated that the incident happened on the first day of fasting for Ramadan, so he had perhaps acted impatiently. Addressing the Sub Committee, the witness explained that the St David’s Day march was well-organised and the organisers were trying to manage the flow of traffic. Other vehicles were also being delayed but no other drivers acted in this way. RESOLVED – that the driver be given a written warning regarding unacceptable conduct. (3) Application 3 The Sub Committee was asked to determine if a driver remained a fit and proper person to continue to hold a Hackney Carriage / Private Hire Driver’s Licence given that a complaint had been received stating that he used offensive language towards the complainant. The witness did not attend the meeting. Addressing the Sub Committee, the driver stated that he was working in Swansea that day but he had no recollection of the incident. He felt that he was a very experienced and professional driver, and this was supported by a number of references provided and a very high Uber rating. RESOLVED – that no further action be taken. (4) Application 4 The Sub Committee was asked to consider an application for the Grant of a Hackney Carriage / Private Hire Driver’s Licence given that the applicant had declared previous convictions and a motoring conviction contrary to the guidance. Addressing the Sub Committee, the applicant explained that the recent IN10 offence had occurred when he had driven his wife’s car without third party cover. At the time he was unaware that the insurance policy had been updated, and he was no longer a named driver. RESOLVED – that the application for a Hackney Carriage / Private Hire Driver’s Licence be approved. (5) Application 5 The Sub Committee was asked to determine if a driver remained a fit and proper person to continue to hold a Hackney Carriage / Private Hire Driver’s Licence given that a complaint had been received from South Wales Police stating that he had committed a speeding offence and falsely completed the Notice of Intended Prosecution (NIP) form indicating that another person had committed the offence. The complaint also alleged that the driver falsely completed NIPs in respect of three speeding offences in a previous taxi owned by him and licensed by Cardiff Council. Addressing the Sub Committee on behalf of South Wales Police, PC Ben Thomas explained that a vehicle owned by the driver had exceeded the speed limit and so a NIP was issued. The form was returned stating that another individual was driving the vehicle, but the police established that the vehicle was not insured for other people to drive, and the named individual did not appear on any databases other than court records. PC Thomas suggested that there was no evidence that the named individual existed. Further investigation of court records indicated that a different vehicle owned by the driver had previously exceeded the speed limit on three occasions, with the NIP for each offence stating that the same individual had been driving the vehicle, again without having insurance to do so. The driver accepted PC Thomas’ statement and apologised for a serious error in judgement. He explained that on the first occasion, the named individual was his father-in-law, and suggested that he was actually driving the vehicle. PC Thomas reiterated that there were no records to prove that this individual existed. RESOLVED – that the Hackney Carriage / Private Hire Driver’s Licence be revoked. (6) Application 6 This item was deferred to the next meeting. (7) Application 7 The Sub Committee was asked to determine if a driver remained a fit and proper person to continue to hold a Hackney Carriage / Private Hire Driver’s Licence given that a complaint had been received stating that he overcharged a passenger by using the incorrect tariff for the fare, and also did not return the correct change. Addressing the Sub Committee, the witness explained that shortly after the commencement of the journey she noticed that the taxi meter was displaying ‘Tariff 2’ and queried this with the driver, who stated that Tariff 2 started at 6pm. The complainant suggested that it was 5:45pm at the time. The driver stopped the meter on route to the destination. At the destination it was alleged that the driver did not provide the correct change. Addressing the Sub Committee, the driver confirmed that the meter was displaying Tariff 2. He was unable to explain why this had happened, as drivers were unable to select which tariff was used. The meter automatically set the tariff depending on the time of day. The meter had since been checked by officers at the Hackney Office and was in working order. The driver denied providing the wrong change at the destination. RESOLVED – that the driver receive a verbal warning regarding his conduct. (8) Application 8 The Sub Committee was asked to determine if a driver remained a fit and proper person to continue to hold a Hackney Carriage / Private Hire Driver’s Licence given that a complaint had been received stating that he made unwelcomed sexual conversation and references with a customer. The driver stated that he could not remember the incident in question. He had been working as a taxi driver for 25 years without any problems. Responding to questions from the Sub Committee, he confirmed that he was no longer working for Cabs64. Cabs64 had provided a statement that indicated that the driver had been warned about his conduct on a number of occasions. The driver stated that he had only been asked not to ‘joke’ with customers. Members asked whether joking with customers previously had including comments of a sexual nature. The driver replied that sometimes the comments were sexual. Members asked why the driver, who was in a position of responsibility, would make comments of a sexual nature when he had previously been warned not to do so. Addressing the Sub Committee, the witness explained that at the start of her journey she had difficulty with her seatbelt. The driver made a number of offensive sexual comments and used atrocious language throughout the journey. He also placed his hand on her leg and moved it up to rub her thigh. The journey was a horrible experience, and she was frightened and scared that she would have a seizure related to a health condition. The driver denied touching his passenger. RESOLVED – that the Hackney Carriage / Private Hire Driver’s Licence be revoked.
RESOLVED – That the following matters be dealt with as indicated: (1) Application 1 The Sub Committee was asked to determine if a driver remained a fit and proper person to continue to hold a Hackney Carriage / Private Hire Driver’s Licence given that a complaint had been received stating that he engaged with sexual intercourse with a female passenger after an Uber-booked journey. It was also alleged that the driver made a comment suggesting that it was not the first time he had engaged in sexual activity with a passenger. The driver did not attend the meeting. The Sub Committee were unanimous in the view that the hearing should proceed in his absence due to the seriousness of the complaint. An officer from the Licensing department addressed the Sub Committee. Members were provided with details of the complaint and the details of the officer’s enquiries into the matter. The officer provided details obtained from GPS data which indicated that the vehicle had stayed in the vicinity of the complainant’s home for 40 minutes after the journey had ended. The complainant indicated in her statement that the driver had stopped at a garage on route to the destination in order to purchase condoms. Following further investigations by the officer, Members were advised that GPS data proved that the vehicle had stopped at a garage on Newport Road for a short time during the journey. Further enquires with the garage operators indicated that there was only one customer at the garage during the times in question. A till receipt in the amount of £7.15 for condoms was provided, purchased using a debit card. Officers cross-referenced the debit card with payments made by the driver at the Cardiff Hackney Office, and the same debit card was used. Members were also provided with details of other complaints that had been received relating to the driver, including one pending allegation of assault. RESOLVED – that the Hackney Carriage / Private Hire Driver’s Licence be revoked. (2) Application 2 The Sub Committee was asked to determine if a driver remained a fit and proper person to continue to hold a Private Hire Driver’s Licence given that a complaint had been received stating that he swore and shouted at members of the public and drove towards flag holders. Addressing the Sub Committee, the driver stated that he was not working at the time of the incident. He had been running an errand for his mother, and his younger brother was in the vehicle. The driver apologised for his actions and stated that the incident happened on the first day of fasting for Ramadan, so he had perhaps acted impatiently. Addressing the Sub Committee, the witness explained that the St David’s Day march was well-organised and the organisers were trying to manage the flow of traffic. Other vehicles were also being delayed but no other drivers acted in this way. RESOLVED – that the driver be given a written warning regarding unacceptable conduct. (3) Application 3 The Sub Committee was asked to determine if a driver remained a fit and proper person to continue to hold a Hackney Carriage / Private Hire Driver’s Licence given that a complaint had been received stating that he used offensive language towards the complainant. The witness did not attend the meeting. Addressing the Sub Committee, the driver stated that he was working in Swansea that day but he had no recollection of the incident. He felt that he was a very experienced and professional driver, and this was supported by a number of references provided and a very high Uber rating. RESOLVED – that no further action be taken. (4) Application 4 The Sub Committee was asked to consider an application for the Grant of a Hackney Carriage / Private Hire Driver’s Licence given that the applicant had declared previous convictions and a motoring conviction contrary to the guidance. Addressing the Sub Committee, the applicant explained that the recent IN10 offence had occurred when he had driven his wife’s car without third party cover. At the time he was unaware that the insurance policy had been updated, and he was no longer a named driver. RESOLVED – that the application for a Hackney Carriage / Private Hire Driver’s Licence be approved. (5) Application 5 The Sub Committee was asked to determine if a driver remained a fit and proper person to continue to hold a Hackney Carriage / Private Hire Driver’s Licence given that a complaint had been received from South Wales Police stating that he had committed a speeding offence and falsely completed the Notice of Intended Prosecution (NIP) form indicating that another person had committed the offence. The complaint also alleged that the driver falsely completed NIPs in respect of three speeding offences in a previous taxi owned by him and licensed by Cardiff Council. Addressing the Sub Committee on behalf of South Wales Police, PC Ben Thomas explained that a vehicle owned by the driver had exceeded the speed limit and so a NIP was issued. The form was returned stating that another individual was driving the vehicle, but the police established that the vehicle was not insured for other people to drive, and the named individual did not appear on any databases other than court records. PC Thomas suggested that there was no evidence that the named individual existed. Further investigation of court records indicated that a different vehicle owned by the driver had previously exceeded the speed limit on three occasions, with the NIP for each offence stating that the same individual had been driving the vehicle, again without having insurance to do so. The driver accepted PC Thomas’ statement and apologised for a serious error in judgement. He explained that on the first occasion, the named individual was his father-in-law, and suggested that he was actually driving the vehicle. PC Thomas reiterated that there were no records to prove that this individual existed. RESOLVED – that the Hackney Carriage / Private Hire Driver’s Licence be revoked. (6) Application 6 This item was deferred to the next meeting. (7) Application 7 The Sub Committee was asked to determine if a driver remained a fit and proper person to continue to hold a Hackney Carriage / Private Hire Driver’s Licence given that a complaint had been received stating that he overcharged a passenger by using the incorrect tariff for the fare, and also did not return the correct change. Addressing the Sub Committee, the witness explained that shortly after the commencement of the journey she noticed that the taxi meter was displaying ‘Tariff 2’ and queried this with the driver, who stated that Tariff 2 started at 6pm. The complainant suggested that it was 5:45pm at the time. The driver stopped the meter on route to the destination. At the destination it was alleged that the driver did not provide the correct change. Addressing the Sub Committee, the driver confirmed that the meter was displaying Tariff 2. He was unable to explain why this had happened, as drivers were unable to select which tariff was used. The meter automatically set the tariff depending on the time of day. The meter had since been checked by officers at the Hackney Office and was in working order. The driver denied providing the wrong change at the destination. RESOLVED – that the driver receive a verbal warning regarding his conduct. (8) Application 8 The Sub Committee was asked to determine if a driver remained a fit and proper person to continue to hold a Hackney Carriage / Private Hire Driver’s Licence given that a complaint had been received stating that he made unwelcomed sexual conversation and references with a customer. The driver stated that he could not remember the incident in question. He had been working as a taxi driver for 25 years without any problems. Responding to questions from the Sub Committee, he confirmed that he was no longer working for Cabs64. Cabs64 had provided a statement that indicated that the driver had been warned about his conduct on a number of occasions. The driver stated that he had only been asked not to ‘joke’ with customers. Members asked whether joking with customers previously had including comments of a sexual nature. The driver replied that sometimes the comments were sexual. Members asked why the driver, who was in a position of responsibility, would make comments of a sexual nature when he had previously been warned not to do so. Addressing the Sub Committee, the witness explained that at the start of her journey she had difficulty with her seatbelt. The driver made a number of offensive sexual comments and used atrocious language throughout the journey. He also placed his hand on her leg and moved it up to rub her thigh. The journey was a horrible experience, and she was frightened and scared that she would have a seizure related to a health condition. The driver denied touching his passenger. RESOLVED – that the Hackney Carriage / Private Hire Driver’s Licence be revoked.
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