Agenda item

Mr Duncan Clive Holder – PHD303

Please note that the order of the agenda was altered, so that the agenda item for Mr Chimuka was the final hearing.

The Licensing Officer, Phil Cooper, introduced the report regarding the review of Mr Duncan Clive Holder’s Private Hire Driver’s Licence PHD303.  Mr Holder had been a licensed private hire driver since 2003 and his licence is due for renewal on 6 March 2018.  However, in October 2016 Mr Holder 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 Holder and ordered him to pay costs.  The Officer informed members that during the 13 years Mr Holder had been licensed with the council, there had not been any history of complaints or other convictions prior to that recent incident.

The Officer advised the committee to consider whether, in light of the conviction, they felt that Mr Holder 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.

In reply to questions from members the Officer confirmed that the officers who had reported the offence were from Gloucester City Council helping out Cheltenham officers during race week and that Mr Holder was only licensed in Cheltenham.  The Officer also confirmed that he didn’t have any other information on the incident other than what was provided in the background papers and that statements had been provided to the court but were not now needed as Mr Holder had pleaded guilty.

A member questioned why Mr Holder’s fine and costs were considerably higher than the other two reviews to be discussed.  The Legal Officer, Vikki Fennell, was unsure as all 3 cases had been heard on the same day feasibly with the same Magistrates, however she advised that a means form has to be completed and this could have had a bearing on the outcome.  The Officer reminded members that the level of the fine did not reflect the severity of the offence and that it was the same offence in all three cases.

Another member asked if a record was kept of how many times Officers approached private hire drivers to ply for hire, where the driver did refuse to take them.  The Licensing Officer advised that no such records were kept as if an offence was not committed the Licensing team would not be informed.  It was also confirmed that an alleged offence could be reported by anyone, including members of the public, and would need to be proven beyond reasonable doubt that it had happened with witness statements provided.

The Chair invited Mr Holder to speak in support of his review.  Mr Holder told members that it was a genuine mistake.  He was not plying for hire as it was race week and he was busy enough.  He continued that he had finished for the evening and had pulled over in a quiet spot to text his wife when he was approached and that he thought the two people were lost, so he tried to book a fare for them by texting it through to the operator.  He had pleaded guilty as he was unaware that booking a fare via text for someone else was still considered illegal.  In response to a question from a member, Mr Holder confirmed that he had ‘pre-book only’ signs on the side of his car.  Mr Holder was reminded that individuals have to book their fare not the driver.

Mr Holder informed members that he had contacted the Magistrates Court about the level of his fines and was informed that £1,000 costs was awarded to Cheltenham Borough Council to cover their legal fees and the fine of £500 was due to his income.

There being no further questions or comments, the committee voted to debate the matter in private and Mr Holder was asked to leave the room at 18.30.

Mr Holder was asked to return to the committee room at 18.43.

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

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

RESOLVED THAT, Mr Duncan Clive Holder’s private hire driver’s licence be continued with no further action as the Committee was satisfied that he was a fit and proper person to hold such a licence.

The Committee decided not to issue a written warning, but wished it put on record should Mr Holder come before committee again, that he had been reminded that plying for hire and driving with someone in his car that had not been pre-booked, invalidated his insurance and was a potential safety issue.