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 Public Protection Officer (Licensing) if there had ever been any gaps in insurance cover or MOT status of the driver’s vehicle.

The Public Protection Officer (Licensing) replied that there had been none.

The Chairman asked the driver to address them on why she believed she should remain considered as fit and proper to hold her licence.

The driver replied apologised and said that she had simply forgot to do this part of the process. She added that she had been quite unwell over the past two years, having caught the Covid virus 5 times.

Councillor Steve Hedges asked how she would make sure that this does not happen again.

The driver replied that she would now set herself multiple reminders to fulfil the process and said that she was now more aware of how serious this situation had become.

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

The driver replied that she had.

Decision & Reasons

Members have had to consider whether or not the Licensee is 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 conditions of her 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 she had had completely forgotten, she had had Covid 5 times and health problems over the last two years. In order to stop this happening again she will make sure that she gets reminders and because she is here today, she will be more careful and aware of the consequences.

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 her licence and there had 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 warning to the Licensee in the strongest possible terms that:

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

2. She must take care to ensure that she completes her documentation related to her BANES licences with care and accuracy, if in doubt she should seek assistance from licensing.

3. It is her responsibility, nobody else’s, to ensure compliance with the terms of her licences.

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