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 16 September 2012.  The last licence expired on 28 February 2022 and is due for renewal.  The applicant submitted an application for renewal on 8 February 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 Drivers License. 

The Licensing Officer gave his report.

The applicant was previously brought before the Licensing Sub-Committee in January 2021 for failure to follow his Hackney Carriage / Private Hire license conditions.

The applicant had failed on three occasions to keep the Council updated with valid insurance and MOT certificates.  The applicant accepted he was at fault, that he was a dis-organised person, took the matter seriously and would try harder.  Members accepted that neither insurance nor MOT had lapsed, but issued a formal warning to the applicant about the importance of complying with his license conditions.

In the renewal application on 8 February 2022 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.

A DVLA check revealed one speeding offence since the grant of the last license:

• a speeding offence on 13 September 2019 3 penalty points

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 had not provided details of the conviction to the Council in accordance with the requirement in his license.

An explanation was requested as to why the applicant had not reported his convictions as required by the conditions of his license.  The applicant replied:

the reason that i ve put "no" on my application was that I tought that "conviction" refers to a matter decided in court and i didn t know that having 3 points means that i was convicted! I also honestly didn t know that i have to inform the council! It s possible that it is stated in my licence agreement but i just didn t know !i never had penalty points in my 22 years driving "career"! Secondly,i usually don t lie especially when my licence is beeing checked and knowing that you would see that there! This would insult my intelligence! I sincerely apologise for not letting you know and under no circumstances make false statements!

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

As above that he had not realised that he had to report a motoring conviction and on his application for renewal did not realise having penalty points was a conviction.  He has never previously had penalty points in 22 years of driving.

The applicant told members that in January 2021 he had valid documents, but forgot to submit them.  He speaks English well, but struggles to understand the difference in convictions if not before a court.  He takes it seriously to play by the rules and to look after the public.  He has spoken to a friend a solicitor and understands now what he should do.  The speeding offence happened before the first offence and warning.  He knows it is his fault.  He has not had any penalty points before, he has set up reminders on his phone to send his documents and has done so.

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

The license is granted but the applicant is advised that he needs to carefully read his license conditions and ensure he understands them and any further breach of the conditions may result in a different outcome.