Agenda item

Consideration of Fit and Proper - 22/00496/TAXI

Minutes:

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 held a licence from 22 December 2009 to 28 February 2015 and again since 2 December 2016.  The last licence expired on 28 February 2022 and is due for renewal.  The applicant submitted an application for renewal on 14 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 has previously been referred to the Licensing Sub-Committee in December 2016 for:

  • having three speeding convictions in 2012 which he did not declare to the Council
  • being disqualified from driving on 14 November 2014 for totting up 12 penalty points on his DVLA licence, which he did not declare to the Council

In the renewal application on 14 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 ‘Yes’ ‘speeding’.

 

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 stated he had reported his conviction to the Council.

 

A DVLA check revealed the applicant had been convicted of two motoring offences since the grant of his previous licence:

·  speeding offence on 28 August 2019 3 penalty points

·  a speeding offence on 10 February 2020 3 penalty points

Neither conviction had been reported to the Council as required by the terms of his Hackney Carriage / Private Hire License.  One offence of speeding was reported in March 2021, over a year after the later of his convictions.

 

The Council asked for an explanation as to why the first conviction had not been reported and the second conviction not for over a year and neither conviction reported as required by the conditions of his license.  The applicant replied:

 

Unfortunately I do not hold this information.

 

Since the preparation of the report for LSC a further speeding offence had been reported by the applicant to the Council.  The offence had occurred on 4 January 2022, the fine had been paid on 12 January 2022, but the applicant did not report the matter until 28 February 2022.

 

Two complaints have been received from members of the public during the term

the applicant has been licensed by Bath & North East Somerset Council.

  • October 2014 obstructed another motorist and was abusive
  • February 2022 obstructed another motorist and was abusive

 

The applicant’s explanation for the historic matter had been noted. 

 

The recent complaint on 5 February 2022 had been reported to licensing officers by a member of the public.

 

 

Applicant’s Representations

The applicant told the Members that he was unable to advise licensing officers within seven days because of the time delay in being informed and then after replying to the details of the matter, it was some time before he got the DVLA notification.  He was not clear within seven days of what. 

He doesn’t put ‘just little value on the process’ of reporting matters and his license conditions.  He waits for the paperwork to come back and then I inform the office.  Members pointed out to the applicant that he knew about the last offence when he paid the fine on 12 January 2022, but did not report it to the Council until 28 February 2022.

The applicant cannot remember the first complaint matter.  The second complaint matter, it was the other driver who was aggressive.  The applicant had not been concentrating and had driven into a traffic calming area when it was not his right of way and there was an oncoming car.  He realised his mistake, put his hand up to the other driver to apologise and backed up.  When the other driver came forward, he stopped, got out of his car and was aggressive to the applicant.  The applicant just drove off.

The applicant told Members that his recurring speeding offences, not one was over 38 mph.  He doesn’t rush around; all were low speed offences.  Not reckless driving.  When he had the ban from driving for totting up points, he had other matters going on and that was why he did not report the matters.

 

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

Having heard from the licensing officers and the license holder and taking into consideration:

·  the applicant had four speeding convictions and was disqualified from driving in 2014

·  none of the convictions or the disqualification was reported to the Council

·  that the applicant was previously before the Licensing Sub-Committee in December 2016 when he received a formal warning to comply with the requirements of his license to declare convictions

·  the applicant has had another three convictions for speeding during the term of his last Hackney Carriage / Private Hire license

·  only two of the convictions were reported and neither reported as required within the timescale stipulated by the conditions of his Hackney Carriage / Private Hire License

·  the applicant had made a false declaration on his renewal application

·  there have been two complaints from the public that the applicant has obstructed them and been abusive, one was reported to the Council in 2014, but the second was most recently reported to the Council in February 2022.

 

For all the above reasons the Members do not consider that the applicant is a fit and proper person to hold a combined Private Hire/ Hackney Carriage License.

 

Supporting documents: