Agenda item

The Public Protection Officer (Licensing) introduced the report to the Sub-Committee. She stated that they were being asked to determine whether a licensee remains fit and proper to hold their combined Hackney Carriage/Private Hire Driver’s licence.

The licensee was asked by the Chair to address them on the matters raised within the report and why she felt that she remained fit and proper to hold her licences. She also responded to questions from the members of the Sub-Committee.

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 appreciated and understood why she was before the Sub-Committee. She explained that she had not hidden anything because she was driving without an MOT or insurance, she would not do that, this was purely an administrative failure.

In relation to the failure to disclose her speeding conviction she noted this was during the pandemic and by the time she had returned to work she had forgotten about it.

In relation to the failure to report the collision, for which the other driver had accepted fault, she explained that she had ended up hospitalised after that due to a very bad reaction to a Covid 19 jab, and that the failure to report had been an oversight.

The licensee explained to Members that she understands the process more now and has got the help to do what she needs to do. She apologised to Members and said that it will not happen again.

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 her licence with BANES for approximately 20 years and found that there had been no complaints in relation to her conduct from members of the public. 

Members welcome the work that she does with children with special needs.

On balance, Members find that the licensee is a fit and proper person to continue to hold the combined Hackney Carriage/Private Hire Driver’s Licence, but they issue a final warning to the licensee that:

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

2. She must set up arrangements which will ensure that she complies with all the obligations of her licences.

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