What happens next:
In cases of misconduct the complainant may be required to make a witness statement and will be advised that formal disciplinary action may depend on them supporting their statement in person at a disciplinary hearing.
If there are two conflicting accounts of an incident and no independent witnesses then our powers are limited. In such cases, the driver may only be given words of advice on the standard of driving and behaviour expected from licensed drivers.
A record of the complaint will be retained on the driver’s record and the matter will again be considered if similar complaints are received in the future that suggest that there is a pattern to the licence holder’s behaviour. A number of minor complaints in a short space of time or a similar incident occurring could lead to disciplinary action being taken.
If it is alleged that criminal offences under taxi or private hire legislation have been committed, the council will investigate the offence. A statement will usually be taken from the complainant and other relevant evidence gathered prior to the licence holder being interviewed under caution. If there is sufficient evidence to instigate legal proceeding, the complainant may be called as a witness to give evidence in court in support of the council’s case.
If the council cannot enforce the offence, the complainant as detailed above will be advised to refer the matter to the police or the relevant enforcement agency. In such cases disciplinary action will usually be postponed until the police have completed their investigation and closed the incident. This may mean waiting to see if the licence holder is convicted of the offence but, if the matter is of such a serious nature that it requires the council to take interim steps, the licence may be suspended pending the completion of the police investigation.