Decision details

Application considered

Representations were heard from the Licensing Officer and Licence Holder.

We have found the following facts:

·         That the Licence Holder has held a Private Hire Driver’s Licence since March 2025.

·         That the Licence Holder was observed to be using a mobile telephone device on three occasions in October 2025.

·         That the Licence Holder was suspended initially and placed on reduced duties by the operator.

·         That in respect of the alleged incident, the Licence Holder had undertaken reasonable enquiries to locate the owner of the vehicle and left the licence holder’s details.

Law and guidance considered

·         Legislation and policy referred to in the report.

·         Fenland District Council – Taxi Licensing Policy

·         Any statutory guidance

·         Conditions of Licensing

Matters found to be irrelevant in this case

None.

Decision:

To provide the Licence Holder with a stern and formal warning as to their future conduct as a Private Hire Vehicle Driver licensed by Fenland District Council.

Reasons for reaching the decision:

·         The Committee accepted the Licence Holder’s apology for the matters relating to the use of the mobile phone in October 2025.

·         The Committee were impressed by the actions undertaken, particularly the swift installation of an in-car system that allows the mobile telephone to be placed within the glove box and out of reach.

·         The Committee did not feel that revoking or suspending the Licence Holder’s licence would be appropriate or proportionate in the circumstances and that in this case a very stern formal warning would suffice. 

·         The Committee therefore warn the Licence Holder thus:

“Be under no illusions that your conduct and use of a mobile telephone device could, under different conditions, have resulted in the revocation of your licence. You have, however, acknowledged that what you did was wrong and taken steps to ensure that it will not happen again. Whilst the Committee cannot prejudge or make recommendations to a future Committee, it is felt that any future transgressions of a same or similar nature would likely see your licence revoked. It is hoped that this warning is sufficient that the Committee will not see your before them again and that your record with your current operator, or whomever you are employed by, is exemplary hereafter”.