Agenda item

The Lead Officer, Licensing introduced the report to the Sub-Committee. He explained that they were being asked to determine whether a driver remains fit and proper to hold a combined Hackney Carriage/Private Hire Drivers licence.

He outlined the key points from the report.

The Chairman asked if there had been any actual gaps in the driver’s insurance cover for his vehicle.

The Lead Officer, Licensing replied that the vehicle had always been appropriately insured and said that the driver had failed to provide documentation in the required time to the Licensing team.

Councillor Steve Hedges asked for confirmation that the driver had had only one previous complaint made against him.

The Lead Officer, Licensing replied that this was correct.

The driver addressed the Sub-Committee. He said that since having his licence in 2014 he had always been on time with his insurance and MOT and was very sorry for not following the process of informing the Licensing team within the correct timescales.

He also apologised for not informing them of his previous penalty points and was aware of the importance of doing so in the future.

He referred to the previous complaint made against him and stated that in his opinion he had not been aggressive and had not used any inappropriate language. He explained that when he arrived to pick up the family that it became apparent that his vehicle could not carry all the passengers, including the new-born baby.

He said that he had offered to take at least one adult and the baby home on one trip and return to collect the remaining members. He informed the Sub-Committee that the potential passengers were not happy with his offer.

The Chairman stated that the lack of compliance with the process was a concern as the safety of the public must be ensured. He asked if the driver had anything further to say regarding his case to the Sub-Committee.

The driver replied that all of his documentation was in place and that he now recognises the need to comply and send this information on time to the Licensing team.

Decision and Reasons

Members have had to consider whether or not the licensee is a fit and proper person to continue to hold his combined Hackney Carriage/Private Hire Driver’s licence in the light of failures to comply with the conditions of his Private Hire Vehicle Licence relating to insurance and MOT certificates. 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 accepted that he had failed in his administrative responsibilities regarding his MOT and insurance licence conditions but indicated that he always had the insurance cover and valid MOT in place since he was first licenced in 2014. He was not trying to hide anything regarding his speeding conviction and noted that would have been disclosed on the DBS check in any event. He gave his account of the incident involving a customer complaint and explained to Members that he was firm in his dealings with them regarding safe numbers but did not accept any aggression.

The licensee told members that he was really sorry for his oversight in relation to his documentation, he promised that he would take extra care in the future and ensure that he would send everything on time. 

Members noted that compliance with the conditions relating to MOT and insurance certificates, 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 that the licensee had held his licence with BANES for over 8 years and found that he was sincere in his apology and had learnt from this experience.

Members noted that this concerned a purely administrative failure to comply with the conditions of his licence and there had been no gap in insurance cover.

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 to the licensee that:

1. He must comply with the conditions on his licences as they are an important safeguard to ensure the safety of the travelling public.
2. He must take care to ensure that he completes his documentation related to his BANES licences with care and accuracy, if in doubt he should seek assistance from licensing.
3. If he comes before the Licensing Sub-Committee again, against this background, there is a strong risk of revocation of his licence.