Agenda item

Members of the Licensing Sub-Committee have had to consider whether an applicant was 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.

In doing so they took account of the Local Government (Miscellaneous Provisions) Act 1976 s 51(1) licensing of drivers of private hire vehicles, s 59 qualifications for drivers of Hackney Carriages, s 61 suspension and revocation of drivers’ licenses, and 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 of paramount importance the whole of a person’s character is relevant.

Members had to:

• Consider the evidence presented by the licensing officers and the applicant and his representative.
• Had to determine the issue of whether the applicant was a fit and proper person the hold a private hire / hackney carriage license
• Had to take any suitable action including consideration of attaching to the grant of a licence under section 51 Local Government (Miscellaneous Provisions) Act 1976 s 51(1) such extra conditions as they consider reasonably necessary; a suspension or a decision not to renew the license under s 61.

Licensing Officers Report

The applicant has held a licence since 22 July 2016.  The last licence expired on 28 February 2022 and is due for renewal.  The applicant submitted an application for renewal on 6 January 2022.

This hearing and consideration was triggered by information obtained on the consideration of the application for renewal of the applicant’s Private Hire / Hackney Carriage Drivers License. 

The Licensing Officer gave his report and referred to previous concerns

The conditions attached to the grant of a combined Hackney Carriage/Private Hire Drivers licence state “Should the Licence holder receive any conviction, caution or Fixed Penalty Notice for a motoring offence during the period of the Licence he/she shall within 7 days give the Council written notice of the conviction, formal caution or Fixed Penalty Notice together with providing information relating to the circumstances surrounding the offence”.

The applicant failed to inform the Council of three speeding offences between August 2016 and November 2018.

In the renewal application on 17 January 2019 the application form contained a standard question “Have you been convicted or cautioned for any offence (including motoring & fixed penalties) since the grant of your last licence?”.

The applicant stated ‘No’.  This was not correct and the standard DVLA check on renewal revealed the three convictions.  The licensing officers accepted the applicant’s explanation for not informing the Council of his speeding convictions was because he thought the question related to criminal and did not include motoring offences, but informed him in August 2019 that there would be a zero tolerance of any future failure to disclose motoring convictions.

The applicant had two further speeding convictions on 11 and 27 November 2020.  He did not inform the Council of these convictions.

On the license renewal application of 6 January 2022, the applicant listed the 2020 convictions and stated that he had informed the Council of the convictions, a check of the applicants file, revealed that he had not done so.

The applicant has had a total of five speeding convictions since his first combined PH/Hackney Carriage License in 2016.

There have been two other enforcement incident concerns with the applicant:

• on 5 July 2017 in breach of the terms of his license he parked his private hire vehicle on a hackney carriage stand
• on 8 October 2019 the License holder gave false details to a Civil Enforcement Officer regarding a littering incident, contrary to section 88 Environmental Protection Act 1990

Applicant’s Representations

In response to the Licensing Officers request for an explanation, the applicant apologised for giving incorrect information to the CEO, he had been taken by surprise, rushed and stressed as his mobile phone was not working.  He realised immediately that he had made a big mistake and paid the fine for littering as fast as he could.

The applicant apologised and said he usually gets someone to help him with emails, due to the pandemic he cannot recall whether he did that or personally went to the Council office at Locksbrook Road to provide the information about his speeding offences in November 2020.

He needs help with computer work.  It is his mistake, he apologised for parking on the taxi rank.  He does not have any complaints from the public.  He helps everyone.  The last offence was in the middle of the pandemic, no one answered the phone and then he forgot as he was busy in the pandemic supporting his family and struggling to pay bills.  Now he understands the license conditions are part of running his business. 

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

Having heard from the licensing officers and the applicant and taking into consideration:

·  that the applicant has had five speeding convictions since the issue of the applicant’s first license in 2016

·  the applicant’s failure to follow the requirements of the license to report motoring convictions, despite the previous warning

·  the mis-information supplied by the applicant to a Civil Enforcement Officer

The Hackney Carriage / Private Hire License is renewed, but suspended for three months until 1 June 2022.  The applicant is advised that any further breach of license conditions could have a different outcome.