Jonathan Stroud

Tytalwyn Avenue

Kenfig Hill

CF33 6NL

 

The applicant was in attendance.

 

The Team Manager Licensing presented a report asked the Sub-Committee to consider an application for the grant of licences to drive Hackney Carriage and Private Hire Vehicles.

 

She asked Mr Stroud if he had received a copy of the report to which he replied yes.

 

The Team Manager Licensing then asked if the details in the report were correct which he also said yes.

 

The Team Manager Licensing asked Mr Stroud if he had received any other convictions, penalties or notices to which he replied no.

 

She asked Mr Stroud what the length of the licence he was applying for was. Mr Stroud told the Sub Committee that he had applied for a 3 year licence.

 

The Team Manager Licensing explained to Members that following receipt of  a letter (Appendix A of the report) from South Wales Police, the previous licence was revoked on grounds of public safety as detailed in Section 5 of the Guidance on Determination document (Appendix D)

 

The Team Manager Licensing asked Mr Stroud to give his account of the night in question and what led to the allegations and subsequent arrest.

 

Mr Stroud explained that he was driving a taxi at that time. He picked up 4 people from one location and was to drop them off at different locations around Sarn, Bryncethin and Aberkenfig areas. He said that the first stop was Aberkenfig where one passenger was dropped off and the second stop was where two other passengers got out. Before the second stop, one of the girls said to the last passenger remaining that she should get in the front seat of the taxi next to the driver (Mr Stroud) and that she get over her ex-partner and talk to the driver who she said was young, attractive and nice. He explained that the girl got into the front seat and during the journey was flirtatious and asked him to come into her house. She also said that they exchanged numbers which Mr Stroud denied.

 

He explained that when they arrived at her house, the girl did not get out of the taxi and began to cry, stating that she had just finished a long term relationship. Mr Stroud said in order to try and calm the girl down, he drove her around the block and chatted to her. He explained that he felt sorry for her and understood what she was feeling so thought that driving her around and keeping her company would have helped.

 

The Legal Officer asked Mr Stroud where around the block did he drive and was it a housing estate?

 

Mr Stroud explained that it was not a housing estate but drove around the Coity Common area and then back to her destination.

 

The Legal Officer asked Mr Stroud if he stopped during the journey to which he stated he did not and said that the car had GPS technology to be able to track the journey.

 

The Legal Officer asked Mr Stroud why he thought it was appropriate to drive the passenger around and why he did not just stay outside her address.

 

Mr Stroud explained that he did not feel that she was going to leave his vehicle as she was crying a lot. He said that he felt sorry for her and thought that a drive round would calm her down.

 

The Legal Officer asked if there was a radio in the car to use to contact his officer.

 

Mr Stroud Said that there was no radio in the vehicle but there was a phone that was primarily used for fare accepting and calls from the office.

 

The Team Manager Licensing explained the device to Members as a smartphone device that had an application which taxi drivers used as a taxi fare acceptance device; it also could be used as a regular phone.

 

The Legal Officer asked Mr Stroud if he had phoned his office or the police to ask for assistance with the matter

 

Mr Stroud said that he did not think of doing that and did not see anything wrong with what he did at that time as he was thinking in the interest of his passenger.

 

The Legal Officer asked Mr Stroud if he requested payment for the journey

 

Mr Stroud explained that he did not request payment for the journey outside of the initial journey.

 

The Legal Officer asked if this was something he would normally do as a driver who worked for taxi business to which he replied no but he did not think anything of it at the time.

 

The Team Manager Licensing explained to Members that Mr Stroud’s record had been reviewed following this incident to see if there was any other complaints in the past.

 

She explained that in 2013, a complaint was made against Mr Stroud regarding sexual comments to a vulnerable young female whilst she was a passenger in his taxi (Attached at Appendix B and C).

 

The Team Manager Licensing asked Mr Stroud if he recalled this allegation and the contact that the Taxi Office at that time had with him.

 

Mr Stroud said that he was not aware of this allegation made against him nor did he receive contact from the Taxi Office to his knowledge.

 

The Team Manager Licensing asked Mr Stroud if he recalled the complaint made on 7 November 2012 which related to Mr Stroud allegedly asking a passenger for oral sex. Mr Stroud did not recall this complaint and was not made aware of it.

 

The Team Manager Licensing asked Mr Stroud if he recalled the allegations made by a passenger on 12 June 2014 which related to sexual innuendos and suggestions while alone at night with her. Mr Stroud explained that he did remember the complaint but said that the allegations were false.

 

He explained that he picked up the passenger at an address in Brackla at around 11:30 at night and was asked to drop off the passenger at an address in Bryncethin. Mr Stroud claimed that the girl smelt strongly of cannabis and was possibly under the influence of alcohol too. Mr Stroud said that he did not comfortably know his way to the address in Bryncethin so decided to use his roadmap that was stored in the glove box. Once he established his route, he drove through the Brackla industrial estate to get there. The girl asked why he was driving that way so he explained that he would normally drive passengers that way to get to the Bryncethin area.

 

The Team Manager Licensing asked Mr Stroud if he wished to say anything further before the Committee made a decision.

 

Mr Stroud explained that he was no longer on bail but currently working at that time. He explained that he had been working as a taxi driver for around 15 years and loved it and always believed he provided a good service. He hoped to return to work and enjoy a quiet life.

 

The Sub-Committee retired to make a decision and upon reconvening it was

 

RESOLVED: that the decision was as follows:

 

“The Committee have considered your application for a licence and note that your previous licence was revoked as a result of an allegation made to South Wales Police of attempted rape by a passenger against you.

The Licensing department have subsequently been advised by the Police that they are not proceeding to charge you for any offence.

The Committee have heard that there have been a number of allegations against you of a sexual nature over a number of years.

You informed the Committee that the allegation made in April by a female were not true.  You described how you picked up a number of passengers on the evening in question and dropped three of those passengers off at different locations leaving one lone female in your vehicle.  You stated that her friend had stated before exiting the vehicle “you want to move to the front seat as you are now single and he seems like a lovely man”.  You then drove the remaining passenger home and described how she was crying and upset about the breakdown of a previous relationship and refused to leave the vehicle.  You stated that you then proceeded to drive her around going over Coity common because you felt sorry for her.  When questioned if you used your radio to contact the office, you informed the committee that you did not contact the office and advise them of the situation and you did not try to call the Police.  Your only explanation for driving the passenger around that night was that you felt sorry for her.

When questioned about the complaint made by a vulnerable young person in care in 2013 you stated that you had no knowledge of the same.  You were reminded that the safeguarding team of the Council had written to you at the time and had also spoken to your employer and you stated that you still had no recollection of the same.

You informed the Committee that you did recall a complaint made against you in 2006 as you were approached by a taxi licensing enforcement officer at that time but had denied the same.

A complaint made in 2012 was also put to you and you informed the Committee that you had no recollection of the same.

You did recall the complaint made in 2014 as it was reported to the operator.  You informed the Committee that you picked up a passenger who you believe had been smoking cannabis who subsequently became uncomfortable because you drove her through an industrial estate as opposed to the carriageway.  You denied that any sexual innuendo took place.

The Committee have to ensure that you are a fit and proper person to act as a taxi driver and ensure the safety of the public.  There have been a number of allegations against you all of a similar nature and the committee have determined that you have not given a sufficient explanation for the same. Your behaviour when acting as taxi driver does not come up to the standard expected and the committee do not accept your explanation for the incident in April of this year.   Taxi drivers should never put themselves in a position of driving a lone female emotional passenger around late at night past their destination.  You did not call your office for advice and assistance and did not notify the Police.

The Committee have also determined that you did not satisfactorily explain the other complaints against you.

The Committee have taken into consideration everything heard today and also considered the Council’s statement of licensing policy and is entitled to take into account all matters concerning an applicant including your behaviour during the alleged incidents.

The Committee on hearing the evidence are not satisfied that you are a fit and proper person because of the number of  serious complaints against you and your unsatisfactory explanations in relation to the same. The Committee are concerned about the safety of passengers should you be granted a licence and have decided on this basis that it will not grant you a licence.”