Agenda item

CONSIDERATION OF FIT AND PROPER PERSON IN THE ABSENCE OF A VALID DBS CERTIFICATE & FAILURE TO COMPLY WITH REASONABLE REQUEST OF DELEGATED OFFICER – 16/00286/TAXI

Minutes:

The licensee confirmed that he understood the procedure to be followed for the hearing.

 

The Senior Public Protection Officer presented the report. Members noted that the licensee had not responded to letters sent to him in January and July 2018 as part of the three-yearly Enhanced Disclosure and Barring Service check of licence holders. He had, however, sent an email to the Licensing office shortly before the hearing accepting responsibility for not replying to the letters through an oversight. The Senior Public Protection Officer advised the Sub-Committee that there had been no complaints against the licensee.

 

The licensee stated his case. He said that he had missed the letters and that this had been his fault. He stated that he had not yet been issued with a DBS certificate, because he had not been able to log into the DBS online system. The DBS had informed him that they did not hold a registration number for him. The Senior Public Protection Officer said that he was satisfied that the licensee was in the process of obtaining a DBS certificate. In response to a question from the Chair the licensee stated that the DBS, when issued, would not disclose any motoring offences, convictions or cautions. In his closing statement he reiterated that it had been entirely his fault that he failed to respond to the letters of January and June.

 

Following an adjournment the Sub-Committee RESOLVED that the licensee continued to be a fit and proper person to hold a combined Private Hire/Hackney Carriage Driver’s Licence, but gave him a formal warning about his conduct, as detailed below.

 

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.

 

Members took into account the contents of the report before them together with annexes and balanced these against the licensee’s written submissions and oral representations.

 

The licensee took full responsibility for failing to deal with this correspondence but could not explain how he missed it. He indicated to members that he has a clean driving licence and police record with no cautions, convictions or driving offences. He also confirmed that he had his DBS subscription in place.

 

The Senior Public Protection Officer confirmed when asked by Members, that there had been no complaints against the licensee since he was first licensed in 2014.

 

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 however they were satisfied based the information before them, including the licensee’s oral representations and confirmation from the Senior Public Protection officer that there had been no complaints against the licensee, that on balance, he remained a fit and proper person to hold a licence. That said, the licensee had behaved in a way which was disappointing having not managed his affairs with sufficient professionalism and care; and having failed to comply with reasonable requests of a Senior Public Protection Officer and in the light of that, Members resolved to issue the licensee with a formal warning as to this conduct.

 

Members noted that the licensee must be subject to a satisfactory DBS check and should he fail to co-operate with the Senior Public Protection Officer in this regard it was highly likely that he would be brought back before the Committee. Members would likely take a very dim view of his further attendance before them in those circumstances or in relation to his conduct generally.

 

Accordingly members resolved to issue the licensee with a formal warning that this is not the conduct expected of a BANES licensed Hackney Carriage/Private Hire driver.

Supporting documents: