Agenda item

The Public Protection Officer (Licensing) presented the report to the Sub-Committee. He explained that the report invited the Members to consider whether the Licensee concerned remains fit and proper to hold a combined Hackney Carriage/Private Hire Driver’s licence.

Decision and Reasons

Members have had to consider whether a Licensee remained a fit and proper person to hold a combined Hackney Carriage / Private Hire Drivers licence issued by Bath and North East Somerset Council to drive in the Bath and North East Somerset area, subject to the conditions attached to the license and a satisfactory DBS check and DVLA check as appropriate.

The current licence is valid from 1 March 2019 to 28 February 2022

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

Members reminded themselves that each case is taken on its merit, any economic impact of the decision is irrelevant and with public protection being the paramount importance the whole of a person’s character is relevant.

Members had to:

·  Consider the evidence presented by the licensing officers and license holder and his representative.

·  Had to determine the issue

·  Had to take any suitable action

The Members noted that the license holder was previously licensed by Wansdyke DC and has been licensed by B&NES Council since 1996.

Licensing Officers Report

This hearing and consideration was triggered by the revocation of the license holders Private Hire Operators License. 

The Licensing Officer gave his report and referred to previous concerns.

Following an incident on 30 November 2015 that the license holder drove dangerously, followed another vehicle and was aggressive to the driver, the license holder was given a warning, but was not formally interviewed.

In January 2020 the LSC considered an issue where the license holder failed on three occasions to produce an MOT certificate within the required timescales.  The license holder was given a final warning.

On 7 October 2021 the LSC considered whether the license holder’s Private Hire Operators License should be revoked and determined that it should be revoked.

Licensee’s Representations

The License holder was represented by counsel who handed up references from cab drivers, members of the public and councillors who use his services as a cab driver. 

The license holder considered he was the victim in 2015 and was never formally interviewed before the warning was issued.  The issue about MOT certificates was in 2020 and was dealt with by the LSC.

The issue considered by the LSC on 7 October related to the license holder’s suitability to hold an operator’s license, that is very different from suitability to be a driver.  There are no complaints from the public or customers, which bring into question his suitability to hold a driver’s license.

Bath and North East Somerset Council Licensing Sub-Committee decision:

Not heard anything to warrant a view that the license holder is not a fit and proper person to hold a Hackney Carriage / Private Hire Driver’s License.