Agenda item

The Lead Officer - Licensing presented the report to the Sub-Committee. He advised Members to consider the matter, determine the issue and take any action they may consider suitable after hearing the representation from the licensee.

The licensee outlined her case as follows:

1.  She had held a licence for nearly 30 years without any complaints.

2.  She had always submitted her documents in time before 2020, but since that time she had some incidents in her personal life which meant that she had not been so organised in the administrative side of her business.

3.  She had relied on her insurance company sending the confirmation to the Licensing Office as they had always done so in the past but had neglected to do so on this occasion.  She accepted it was her responsibility and she would make sure that she did this herself in the future.  The Lead Licensing Officer confirmed that it was not unusual for drivers to rely on insurance brokers to supply proof of insurance, but he would always recommend against it as it was the responsibility of the driver to provide the information.

4.  At no point had her vehicle been without insurance or a valid MOT.  There was a point where the garage was waiting for some parts, but the vehicle was off-road in the garage during this time.

5.  She asked the Sub-Committee to also take into consideration that she had received 3 penalty points on her driving license for driving 24mph in a 20mph zone.  The Lead Licensing Officer confirmed that as this was the first incident of its kind, it would result in a first warning letter and no further action would be taken.

The members of the Sub-Committee, Lead Licensing Officer and Team Leader, Legal Services asked questions of the licensee regarding each of the issues raised in the report and she responded accordingly:

1.  She did now understand the importance of providing the correct documentation in a timely manner to assist the Council in its role of protecting the public and would endeavour to do this in the future.

2.  She had evidence which she could now supply to the Licensing Office and apologised for not doing this sooner.

The Chair asked the licensee if she felt she had received a fair hearing and had said everything she wished to say before the meeting was adjourned.  The licensee confirmed that she had done so.

The licensee and licensing officers left the meeting as the Committee made their decision and were invited back to hear the decision and reasons.

Decisions and Reasons

Members considered whether or not the applicant was a fit and proper person to continue to hold her combined Hackney Carriage/Private Hire Driver’s licence in the light of failures to comply with the terms of her Hackney Carriage Proprietor’s Licence. In doing so Members took account of the Local Government (Miscellaneous Provisions) Act 1976, Human Rights Act 1998, case law and the Council Policy.

Members heard from the licensee in oral representations who apologised to the Licensing Sub-Committee for taking their time and for not putting her paperwork in. She explained that she now understood the importance of providing her MOT and insurance documents to ensure the safety of the travelling public. She confirmed to Members that even when she did not provide her insurance documents on time, she always had insurance in place, furthermore, she always had her MOT in place save for in March 2022 when it expired on 16^th March as there was delay in the repairs due to lack of availability of a part. Her vehicle was off the road in the garage until the repairs were carried out and it passed its MOT on 25^th March 2022. In relation to the failure to provide the insurance certificate in 2021 she explained that she had asked her broker to provide the certificate to the licensing department and he had failed to do so, she acknowledged however, that this was her responsibility.

The licensee explained that there were extenuating personal circumstances in 2020 and 2022 that had impacted her ability to manage her paperwork and Members accepted the details of the account that she provided in this regard. 

Whilst addressing members on the matters before the Licensing Sub-Committee the licensee disclosed that she had received 3 penalty points on her DVLA licence on 14.01.22 for travelling at 24mph in a 20mph limit. The Lead Licensing Officer Mr Dowding indicated that if she had notified the Licensing Department of this, as this was her first breach of condition related to failure to notify a conviction within the requisite period, she would have received a warning.

Members noted that compliance with the conditions relating to MOT and insurance certificates and notifying convictions, is vital so that the Council can be assured that the safety of the public when travelling in a BANES licensed vehicle is not compromised. Indeed, compliance with all licence conditions is of the utmost importance.

Members noted however, that there had been no complaints from the public relating to the licensee’s conduct and she had been licensed as a Hackney Carriage/Private Hire Driver for in the region of 25 years.

Members found that the licensee’s account was credible, she expressed genuine remorse for her non-compliance with the conditions of her licence and seemed to fully appreciate now the importance of these conditions. Members have no doubt that she is a good taxi driver who otherwise conducts herself well and offers excellent customer service but needs to improve her skills when it comes to her administrative responsibilities. With that in mind, on balance, members find that the applicant is fit and proper to continue to hold the combined Hackney Carriage/Private Hire Driver’s Licence, but they issue a final warning that the licensee:

1.  Cannot rely on her broker to submit documents to the licensing authority as it is her responsibility to comply with the conditions of her licences.

2.  She must comply with the conditions on her licences as they are an important safeguard to ensure the safety of the travelling public.

3.  If she comes before the Licensing Sub-Committee again, against this background, there is a strong risk of revocation of her licence.