Agenda item

The Sub-Committee considered the report which sought determination of an application by Mr MAW for the grant of a combined hackney carriage/private hire driver's licence.

The applicant was present with two witnesses.  He confirmed he had read and understood the procedure for the meeting.  One complainant was also present.

The Licensing Officer presented the report and stated that as part of the application process a Disclosure and Barring Service check was undertaken which had revealed a number of previous convictions.  He circulated the Disclosure and Barring Service check, personal statement and reference for Mr MAW.  He explained that Mr MAW’s licence had previously been revoked and MR MAW had appeared twice previously before the Licensing Sub-Committee.  The Licensing Officer went on to explain that Mr MAW was currently licensed by Mendip District Council and Bath and North East Somerset had received complaints regarding Mr MAW’s conduct which had been referred to Mendip for their consideration.  The applicant and officer withdrew from the meeting while Members took some time to consider these documents.

Mr MAW put his case and was questioned and called his witnesses.  He submitted a further document from Mendip District Council which Members agreed to consider.  Members refused permission to admit other late documents as they were not relevant to Mr MAW’s fitness to hold a licence.

The complainant put his case before the Sub-Committee and was questioned.

Mr MAW then made a closing statement.

Following an adjournment it was

RESOLVED that a hackney carriage/private hire driver's licence not be granted in respect of Mr MAW.

Reasons for the decision

Members had to determine an application for a combined hackney carriage/private hire driver’s licence by Mr MAW.

In doing so, they took account of the Local Government (Miscellaneous Provisions) Act 1976, the Human Rights Act 1998, the Home Office guidelines on the relevance of convictions and the Council’s adopted policies.

Members had to consider whether Mr MAW was a fit and proper person to hold a driver’s licence and therefore asked themselves whether they would allow their son, daughter, spouse, partner or anyone they cared about to travel alone in a vehicle driven by Mr MAW.

To assist them in making a determination, Members listened to Mr MAW’s oral representations.  These included that Mr MAW was licensed by Mendip District Council as a hackney carriage/private hire driver and that his last conviction was in 2007.  Members also took account of the evidence from Mr MAW’s character witnesses, one of whom is a local solicitor, and noted that Mr MAW only wanted the licence so he could move taxis within Bath and North East Somerset as part of his business.  However, Members noted Mr MAW’s history of convictions for violent and aggressive behaviour including the caution referred to in his statement which involved possession of a weapon in a taxi.  Members also noted the evidence of two people who had complained about Mr MAW, one of whom was a customer and the other a driver who gave live evidence about a campaign of bullying and intimidation by Mr MAW. Although Mr MAW only wanted the licence for a limited purpose, he still needed to be a fit and proper person.

In light of Mr MAW’s history of aggressive behaviour, the evidence from the two complainants and the fact that Mr MAW had previously had a driver’s licence revoked by the Council, Members concluded that Mr MAW was not a fit and proper person and the application was refused.