Agenda item

Mr Ephraim Chimuka – PHD555

Please note that although the committee voted to go into exempt session, there was subsequently nothing discussed that could not be put into the public minute, therefore there is no exempt minute.  Members had been given time to read the exempt minutes and background papers of the Licensing Committee dated 10 April 2015.

The Licensing Officer, Phil Cooper, introduced the report regarding the review of Mr Ephraim Chimuka’s Private Hire Driver’s Licence PHD555.  Mr Chimuka had been a licensed private hire driver since 2007 and his licence is due for renewal on 13 December 2017.  However, in October 2016 Mr Chimuka pleaded guilty to the offence of plying for hire without the correct licence, having accepted a journey during the March race week without that journey being booked through a private hire operator.  The court fined Mr Chimuka and ordered him to pay costs.  The Officer drew members’ attention to the fact that the report referred to a previous licensing committee hearing in April 2015 at which Mr Chimuka’s fitness as a private hire driver was considered.  That hearing involved a different set of circumstance and Mr Chimuka was not convicted of any offence and on that occasion the committee determined to allow Mr Chimuka’s licence to continue with no further action.

The Officer advised the committee to consider whether, in light of this recent conviction, they felt that Mr Chimuka remained a fit and proper person to hold a private hire driver’s licence.  The options for the committee were to allow the licence to continue or to revoke the licence.  If the committee allowed the licence to continue, they could choose to issue a written warning which would be kept on record.  If revoked, the committee could decide to revoke with immediate effect in the interest of public safety.

There being no questions to the Officer, as relevant questions had already been covered in the previous two review agenda items, the Chair invited Mr Chimuka to speak in support of his review.   Mr Chimuka admitted to members that he was wrong.  He said he was parked outside The Stable, which gave him easy access to the ring road around Cheltenham, he was eating a sandwich and it was his intention to wait for a fare.  The Officers approached him and asked to go to Gloucester.  He thought they were a couple and that the lady looked pregnant and he pointed out the taxi rank.  Mr Chimuka said they asked him again and as he was concerned about the lady as he knew the taxi rank queue was very long, he said yes.  He wanted to help the lady who he thought looked upset and to get her home safely during race week.  He apologised again for what he did.

In reply to questions from members, Mr Chimuka confirmed he was married with two children, that The Stable was in Clarence Street nearly opposite the library and the offence took place at approximately 9pm.  When asked why he changed his mind, Mr Chimuka repeated that he thought the lady was pregnant and knowing that it was very busy and that they wouldn’t get a taxi very soon, he wanted to help.   Mr Chimuka confirmed that he did have ‘pre-book only’ stickers on the inside of his vehicle windows, but that these maybe less visible as his rear windows were tinted.

A member referred to the hearing on 10 April 2015, when Mr Chimuka had been before the committee and had said that he was an honest and trustworthy person, and asked Mr Chimuka if he still considered himself to be honest and trustworthy.  Mr Chimuka replied that he admitted when he had done something wrong and was trustworthy.  Mr Chimuka was further questioned about the advice the committee had given him following the serious allegations that led to his hearing in 2015.  Mr Chimuka replied that he had learnt from this and that he had fitted audio and video devices in his car, so that he had proof of any allegations made against him.  When asked, he confirmed that on the day of the offence in March 2016, the audio / video devices were not operating as they only worked when the ignition was turned on.

There being no further questions, Mr Chimuka was invited to sum up. He stated that he admitted he was wrong on the day, that he believed himself to be honest and trustworthy and that he wouldn’t be back before the committee again as he would now stick to the rules as stated with no grey areas.

The committee voted to debate the matter in private and Mr Chimuka was asked to leave the room at 19.29.

Mr Chimuka was asked to return to the committee room at 20.12.

The Chair moved to vote on 1.3.1 of the report, being that Mr Chimuka’s licence be continued with no further action.

Upon a vote it was unanimous with 0 for, 7 against.

The Chair moved to vote on 1.3.2 of the report (with a slight change in the order of the wording), being that Mr Chimuka’s licence be revoked.

Upon a vote it was unanimous with 7 for, 0 against.

Upon a further vote on 1.3.3 of the report, for the licence to be revoked with immediate effect,

It was unanimous 7 for, 0 against.

RESOLVED THAT, Mr Ephraim Chimuka’s private hire driver’s licence be revoked with immediate effect as the Committee no longer considered him to be a fit and proper person to hold such a licence.

The Committee’s rationale was as follows:-

·         The overriding consideration was the safety of the public. The council has a duty to ensure so far as possible that those licensed to drive hackney carriage and private hire vehicles are suitable persons to do so, that they are safe, honest drivers, and not persons who take advantage of their employment;

·         The safety of the citizens of Cheltenham and those visiting the town was of paramount importance. There was a duty on the council to ensure that anyone in a licensed vehicle was safe;

·         Mr Chimuka implied that he would stick to the rules now but the evidence showed that he had not done so before and he admitted to there being a pattern of behaviour;

·         Mr Chimuka appeared before the committee in April 2015 and his fit and proper status was brought into question at that time. It was not a unanimous decision from the committee for him to continue to hold a licence;

·         Mr Chimuka was convicted of plying for hire without the right to do so which again threw into question the trustworthiness of him as a driver;

·         Plying for hire would have invalidated his car insurance which could have potentially seriously endangered the lives of the passengers he was carrying in the vehicle;

·         The committee and the council were put in an untenable position in that if there were to be a further incident the reputation of the council would be in jeopardy given this was the second time that Mr Chimuka had appeared before the committee in an 18 month period;

·         Members felt that his demeanour before the committee did not appear to be one of a man of credibility, trustworthiness or honesty;

·         Mr Chimuka’s behaviour had given the committee the impression that if he saw an opportunity present itself to him, he would take it as an opportunity to earn more money or to take advantage of a lone female;

·         Given that he had appeared before the committee in April 2015 where the rules were made clear to him, he had acted in blatant contravention of those rules possibly endangering the safety of the public;

·         There was a cumulative impact in that Mr Chimuka had already been given a second chance to prove himself in April 2015 and he had failed to do so.

The Legal Officer advised Mr Chimuka that he had the right of appeal to the Magistrates Court within 21 days of the date of the decision letter that would be sent to him.