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.
• 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 18 August 2016.  The last licence expired on 28 February 2022 and is due for renewal.  The applicant submitted an application for renewal on 17 January 2022.

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

The Licensing Officer gave his report.

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 ‘Yes’ and gave details of three motoring offences:

• a speeding offence on 15 May 2019 3 penalty points
• two offences for using a vehicle with defective tyres on 8March 2020 3 penalty points for each offence
• a total of 9 penalty points on his DVLA driver’s licence.

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”.

In answer to the question, have you provided details of the convictions to the Council in accordance with the requirement in your license, the applicant stated ‘No’.

The applicant apologised for his failing and gave an explanation for his failure.

No complaints have been received from members of the public during the term the applicant has been licensed by Bath & North East Somerset Council.

Applicant’s Representations

The applicant apologised for failing to notify the Council of his convictions within 7 days and for failing to pay enough attention to these requirements.  He stated that he had forgotten that he had to inform the Council and that he had been stressed by the whole situation and with the pandemic the need to report the convictions had slipped his mind.

The applicant provided a written submission to the Members:

I received the fine for two defective tyres on 8th March 2020. That was a difficult time when the pandemic situation started. Meanwhile, the situation being penalised was also very stressful. I was fully focused on this offence and times which were coming. Everyone was expecting restrictions and people were focused on COVID. That everything took my mind off, I was defocused on other activities than work where I tried to work as much as possible before lockdowns.

I can explain myself only with that I forgot about my obligation to inform the Licensing Office. I would like to note that it wasn't my ignorance.

My current work is very important to me and I cannot imagine working somewhere else. That's why I would never threaten this position consciously. From the beginning I put a lot of effort to be as good as possible. I keep the car in clean condition, servicing whenever it is needed. I must say that my offence for worn tyres happened the day before I had an appointment to replace them. Besides, after a few years of practice I have a very good knowledge of Bath and surrounding areas.

I can assure the Licensing Office that this situation will never happen again.

The applicant told the Members that he knew he had to report the speeding conviction, it just slipped his mind.  He apologises and cant give a reason why he did not report the speeding.

When the defective tyre matters occurred, he had been dealing with family issues and was focused on that.  The car was booked in the next day for the tyres to be replaced.  He has to make an appointment as his tyres are not a usual size.  He normally checks his tyres once a week / two weeks. 

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

The license is granted but the applicant is advised that this is a warning that any further offence or breach of the license conditions may result in a different outcome.