Agenda and minutes

The Democratic Services Officer drew attention to the Emergency Evacuation Procedure.

There were none.

At this point in the meeting declarations of interest are received from Members in any of the agenda items under consideration at the meeting.

(a) The agenda item number in which they have an interest to declare.

(b) The nature of their interest.

(c) Whether their interest is a disclosable pecuniary interest or an other interest (as defined in Part 4.4 Appendix B of the Code of Conduct and Rules for Registration of Interests).

Any Member who needs to clarify any matters relating to the declaration of interests is recommended to seek advice from the Council’s Monitoring Officer or a member of his staff before the meeting to expedite dealing with the item during the meeting.

The Chair, Councillor Steve Hedges announced that he had an other interest with regard to agenda item 9. He explained that he knew the mother of the licensee, but had not spoken with the licensee personally for many years.

There was none.

The Sub-Committee RESOLVED to approve the minutes of the meeting held on 12th June 2025 and they were duly signed by the Chair.

The Chair referenced the procedure that would be followed during the course of the meeting.

Those that were present confirmed that they had received and understood the licensing procedure.

The Sub-Committee is asked to consider passing the following resolution:

“the Sub-Committee having been satisfied that the public interest would be better served by not disclosing relevant information, in accordance with the provisions of Section 100(A)(4) of the Local Government Act 1972, RESOLVES that the public shall be excluded from the meeting for the following item(s) of business and the reporting of the meeting be prevented under Section 100A(5A), because of the likely disclosure of exempt information as defined in paragraphs 1 and 2 of Part 1 of Schedule 12A of the Act, as amended.   

The members of the Sub-Committee agreed that they were satisfied that the public interest would be better served by not disclosing relevant information, in accordance with the provisions of Section 100(A)(4) of the Local Government Act 1972.

It was RESOLVED that the public be excluded from the meeting for the following items of business and the reporting of the meeting be prevented under Section 100A(5A), because of the likely disclosure of exempt information as defined in paragraphs 1 and 2 of Part 1 of Schedule 12A of the Act, as amended.

The Public Protection Officer (Licensing) introduced the report to the Sub-Committee. She explained that they were being asked to consider whether the applicant should be granted a combined Hackney Carriage/Private Hire Drivers licence.

She shared the applicant’s Disclosure and Barring Service (DBS) Certificate alongside their account of the circumstances surrounding the convictions with the Sub-Committee.

The Chair asked for the meeting to pause for a brief period of time to allow the Sub-Committee to read the information they had been given. The applicant and the Public Protection Officer (Licensing) left the meeting room while this took place.

When the meeting resumed the applicant addressed the Sub-Committee. They explained that a long time had passed since the incidents had taken place and that they were a very different person 50 years ago.

The Chair referred to the incident of violence from 1995 and asked the applicant how they would react now to any form of argument / disagreement.

The applicant replied that this had been a one off incident, that they were a level headed character and did not have any anger management issues.

Councillor Toby Simon asked the applicant about their previous employment.

The applicant replied that they had been a director of a company for around 12 years.

The Lawyer (Regulatory & Prosecution) asked the applicant what they would do if any items belonging to passengers were left within their vehicle.

The applicant replied that they would either attempt to return it to the customer or hand it into the Police.

The applicant, in their closing statement, asked the Sub-Committee to take into account the time since the offences had occurred.

Decision & Reasons

Members have had to consider an application for a new combined Hackney Carriage/Private Hire Driver’s licence made to BANES on 24th March 2025. DBS check results and a review of the applicant’s DBS certificate disclosed three previous convictions. In accordance with the BANES policy on previous convictions, cautions, fixed penalty notices, this application was subsequently referred to the Licensing Sub-Committee for determination.

The applicant was requested to attend a Licensing Sub-Committee meeting on 12/06/2025. The applicant responded to the Licensing Officer’s request for confirmation on whether they would attend the meeting, to confirm they could not go to the meeting. The reason provided was that they had started a new job and would be attending a training course. At the Licensing Sub-Committee Meeting on 12/06/2025, Members deferred the applicant’s hearing until 26/06/2025.

In considering this application, Members have taken account of the Local Government (Miscellaneous Provisions) Act 1976, Human Rights Act 1998, case law and the Council Policy. 

It is a legal requirement that drivers and operators must be ‘fit and proper’ for a licence to be granted under the Local Government (Miscellaneous Provisions) Act 1976. The Fit and Proper Person test is a statutory test but there is no statutory definition. However, the Panel needs to be mindful of the Council’s Policy and the Statutory taxi and private hire vehicle standards which provides as follows in  ...  view the full minutes text for item 17.

The Public Protection Officer (Licensing) introduced the report to the Sub-Committee. She explained that they were being asked to consider whether the licensee remains fit and proper to hold a combined Hackney Carriage/Private Hire Drivers licence issued by this authority, having been convicted of three minor traffic offences within a thirteen month period.

The licensee addressed the Sub-Committee and explained that when they began the role they were driving a vehicle which was more powerful than they had previously been used to.

They said that the speed limiter is always now on within their vehicle and that they do their upmost to stay within the limits. They said that they also know the consequences of potentially losing their driving licence if found guilty of any further offences.

The Chair asked if any passengers were present in their vehicle during any of the three offences.

The licensee replied that a passenger was only in their vehicle during one of the offences in March 2025. They added that the passenger had asked for their destination to change which had put them under some pressure to get there on time.

The Chair asked for confirmation of when the points on the licensee’s driver’s license would be removed / expire.

The Public Protection Officer (Licensing) replied that this was to be on 28^th February 2027.

Councillor Toby Simon asked the licensee what type of vehicle they are driving currently.

The licensee replied that it was a Mercedes E Class 220. They reiterated that they drive with the speed limiter on and were able to reset it when travelling through any temporary speed restrictions.

Following further questioning from Councillor Simon the licensee gave details of where they had been driving when the offences had occurred.

Councillor Ann Morgan asked the licensee how they would act now if a passenger asked them to change their destination at short notice.

The licensee replied that they would explain to the passenger that depending on the distance involved in the change of destination that they would likely be late as they would in no way be driving faster than allowed.

When offered the chance to make a summing up statement the licensee replied that they had nothing further to say.

Decision & Reasons

Members have had to consider whether or not the Licensee is a fit and proper person to continue to hold their combined Hackney Carriage/Private Hire Driver’s licence, in light of motoring convictions they received in 2024 and 2025. 

In doing so, Members took account of the Local Government (Miscellaneous Provisions) Act 1976, Human Rights Act 1998, case law and the Council’s Policy.

It is a legal requirement that drivers and operators must be ‘fit and proper’ for a licence to be granted under the Local Government (Miscellaneous Provisions) Act 1976. The Fit and Proper Person test is a statutory test, but there is no statutory definition. However, the Panel needs to be mindful of the Council’s Policy and the Statutory taxi and private hire vehicle  ...  view the full minutes text for item 18.