Agenda item

The Public Protection 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 the driver to address them on why he believed he should remain considered as fit and proper to hold his licence.

The driver began to speak about recently passing a regulatory age related check up at his doctors and having an ongoing medical condition, but stated that this did not affect his driving at all.

The Public Protection Officer (Licensing) said that officers were aware of the medical condition and that that was a matter that was being pursued separately and was not part of the hearing today.

The Sub-Committee agreed to a ten minute break to the hearing to allow the Lead Officer, Licensing to explain the content of the report to the driver.

On resumption of the hearing the Lead Officer, Licensing addressed the Sub-Committee. He said that having gone through the report with the driver he had noticed that some information from a previous Sub-Committee meeting had not been included.

He explained that the driver had appeared before a previous Sub-Committee in in February 2010 before being granted his licence for the first time.

The Sub-Committee acknowledged the information that had been provided.

The Chairman asked the driver if he could explain why he had not supplied the Licensing team with the documentation they require in good time.

The driver replied that he was very sorry and promised that it would not happen again. He added that he understands properly now how serious the matter is.

Councillor Steve Hedges asked how he could be assured that incidents such as this would not happen again.

The driver replied that he has made notes of the information that is required of him and that he keeps these in his vehicle.

The Chairman asked the driver if he felt he had given the Sub-Committee as much information as he could regarding his case.

The driver replied that he had.

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 indicated that having spoken to the Lead Licensing Officer, he fully understood what was required of him now, he had written down his obligations and keeps that note in his vehicle and promised Members that this would not happen again. He apologised to Members for his conduct.

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 this concerned a purely administrative failure to comply with the conditions of his licence and there not been a gap in insurance cover.

With that in mind, on balance, Members find that the Licensee 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 in the strongest possible terms 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. It is his responsibility, nobody else’s, to ensure compliance with the terms of his licences.

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