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 and specifically, first of all, why he had not informed the Licensing department when he had received the penalty points for speeding.

The driver replied that at the time he was honestly not aware that he had to inform Licensing and that he had reported it to his insurance company only.

The driver added that he has had no complaints made against him from passengers and that he now understood fully the need to report any further issues to the Licensing department.

Councillor Sally Davis asked if he had re-read the conditions of his licence since being informed that he had to attend the Sub-Committee.

The driver replied that he had.

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 and apologised once more.

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 disclose motoring convictions whilst licensed.

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 he was not aware that he had to report these convictions to licensing. On questioning he indicated that he was aware now, he understood what was required of him and he apologised to Members for his failure to comply with the terms of his licence.

Members noted the Licensee had been licensed with BANES since 2017 and there had been no complaints against him made by members of the public.

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. He must take care to travel within the road speed limits as the safety of the travelling public is of the utmost importance.

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