Agenda item

The licensee did not attend the hearing or communicate any explanation for non-attendance. The Sub-Committee decided to proceed with the hearing in his absence.

The Senior Public Protection Officer presented the report.

Members noted that a letter had been sent to the licensee in January 2018 as part of the three-yearly Enhanced Disclosure and Barring Service  check. The licensee attended the licensing office on 28th March 2018 and completed the necessary DBS forms. At this time it was explained to the licensee that the DBS form would be sent to him and that he was then required to present it at the licensing office. The licensee signed a document confirming that he had understood that he must present the DBS certificate at the licensing office and was made fully aware of the implications of failing to do so. The DBS tracking service confirmed that a valid DBS certificate was sent to the licensee on 20^th April 2018. A reminder letter was sent to the licensee on 12 June 2018. At the date of the meeting no reply had been received from the licensee and no DBS certification had been produced.

Following an adjournment the Sub-Committee RESOLVED to revoke the licensee’s Private Hire/Hackney Carriage Driver’s Licence.

Reasons

Members have had to determine whether or not the licensee continues to be a fit and proper person to hold a combined Hackney Carriage/Private Hire Driver’s Licence having failed to provide a copy of his Disclosure and Barring Service Certificate and failed to comply with a reasonable request of an officer with delegated authority. In doing so they had regard to the Local Government (Miscellaneous Provisions) Act 1976, Human Rights Act 1998, case law and the Council’s Policy.

Preliminary issue

The licensee did not attend and the committee had no explanation as to why he had not attended. Members were satisfied that notice of the hearing and reports pack had been sent to the licensee at his last known address. Members were satisfied that the licensee knew that it was his responsibility to provide the DBS Certificate to the Taxi Licensing team having confirmed in writing the same on 28 March 2018 and that he been reminded by letter in June of the requirements of the DBS Check and warning him that failure to comply would result in a referral to the Committee. The Senior Public Protection Officer confirmed that he had received no contact from the licensee to provide his DBS certificate or in relation to committee hearing. Having considered this information and weighed it in the balance, Members were satisfied that it was in the interests of public protection to proceed to determine this matter, the licensee having been given adequate warning of the potential consequences and referral to LSC.

Members took into account the contents of the report before them together with annexes. The licensee had not made any representations in writing and had not attended the hearing in person to make oral representations.

Members noted:

  i.  That the licensee’s licence had been issued on 1 March 2016 subject to “a satisfactory DBS Check”.

  ii.  The Council’s Policy on Hackney Carriage and Private Hire Licensing Standards States; “that all holders of a combined Hackney Carriage/Private Hire drivers licences will be subject to an Enhanced Disclosure & Barring Service check every three years from the date of the first licence issued”. In line with this, the licensee was sent a letter to his last known address in January 2018 by the Taxi Licensing team informing him that the DBS check was due.

  iii.  On 28 March 2018 the licensee attended the Taxi Licensing team’s office and completed the necessary DBS forms. The licensee signed a BANES DBS Check document to record his understanding that:

a.  it was his responsibility to produce the DBS certificate to the Taxi Licensing team’s office at the earliest opportunity; and

b.  that failure to do so would result in his licence being referred to the LSC and that his licence might be suspended or revoked; and

c.  if, at the time of the LSC meeting more than 2 months had elapsed since the original certificate was produced then his licence might be suspended until a new DBS certificate had been obtained at his expense.

  iv.  The DBS Tracking service web portal confirmed that a valid DBS certificate was sent to the licensee on 20 April 2018.

  v.  The licensee was sent a further letter by the Taxi Licensing team on 12 June 2018 reminding him that it was his responsibility to provide a copy of the DBS certificate. He was given 7 days from receipt of the letter to provide a copy of the certificate. He was warned that a failure to do so would result in a referral of his licence to the LSC to consider suspension or revocation of his licence.

  vi.  The licensee has failed to make contact with the Taxi Licensing team following the above-mentioned letter.

  vii.  The licensee has failed to attend the LSC hearing today and there was no information regarding his non-attendance.

Applying their policy Members noted that the DBS Check is an important tool in determining whether or not a licensee continues to be a fit and proper person to hold a licence and in the light of the circumstances and reasons indicated above and in the absence of a satisfactory DBS check Members could no longer be satisfied that the licensee continued to be fit and proper.

Accordingly members resolved to revoke the licensee’s licence under section 61(1)(b) Local Government (Miscellaneous Provisions) Act 1976.

Authority delegated to the Public Protection Officer to give notice to this effect.