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 driver, who was accompanied by his son, said that he acknowledged the dates relating to the MOT and insurance documentation, but believed they had been submitted in good time as his granddaughter had been helping him as he does struggle with some aspects of technology.

The Chairman asked if the required documentation had been received by the Licensing Team.

The Lead Officer, Licensing replied that it had not. He added that all email correspondence is retained and kept in their own separate sub-folders.

Councillor Karen Warrington said that although he was receiving some help to complete this process it is ultimately his responsibility to make sure that documents are sent in and on time.

The driver acknowledged that.

Councillor Steve Hedges asked how would he ensure that this does not happen again in the future.

The driver replied that he would ask his granddaughter to continue to help him. His son added that the second driver of the vehicle would also be asked to help in the process of supplying the documentation to the Licensing team.

The Chairman asked if it was possible to hand the documents to someone in person.

The Lead Officer, Licensing replied that yes there was a site in Bath where drivers could meet officers in person. He stated though that this was strictly by appointment only.

The Chairman asked if failing to report his speeding conviction to the Licensing team was an oversight.

The driver replied that it was.

The Chairman said that with there being a history of non-compliance the Sub-Committee would need to have confidence that things will change as the safety of the public is very important.

The driver’s son replied and said that others, including family members will take more of an active role in the process to help his dad. He added that until the hearing today he had possibly not realised the severity of the situation.

The Chairman asked if there was anything further that they wished to say as part of their case.

The driver replied that there was not.

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 who was supported by his son in making oral representations. He acknowledged that he was not good with technology and needed assistance with submitting his documentation online. He acknowledged that there had been an oversight when it came to declaring his speeding convictions. He assured members that where he is helped by someone else, he would check to ensure that his licence conditions were complied with and he accepted that ultimately it was his responsibility as licensee to ensure compliance.

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 at least 23 years and the Lead Licensing Officer indicated that he had always been a pleasant person to deal with.

In light of the above, on balance, members find that the Licensee is fit and proper 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. This applies to all conditions but those pertinent to his appearance before the LSC today are that he must:

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. Even if a third party helps with his paperwork, in hard copy or using technology, it is his responsibility as licensee to ensure that he complies with his licensing obligations and conditions.

4. He can arrange by prior appointment to attend a meeting with licensing in person, in order to hand over hard copy documentation.

5. If he comes before the Licensing Sub-Committee again, against this background, there is a strong risk of revocation of his licence.