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 he felt that he remained fit and proper to hold his licences. He 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 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 he did not have a valid excuse and should be able to forward an e-mail on. In relation to the incident where there was an alleged collision, he explained to Members that he had met with the owner of the other vehicle, and they concluded that there had not been a collision.

The licensee explained to Members that he really loves being a taxi driver and had been doing it for 20 years. He would like to do it for another 20 years and thought that coming before the committee today would remind him to be on top of his obligations.

Whilst addressing Members the licensee indicated that he had recently completed a declaration in relation to a speeding offence, but he had not received confirmation of conviction yet.

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 nearly 20 years.

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. 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 re-read and understand the conditions on his licences.

3. He must notify the licensing section in writing within 7 days of any conviction, caution or fixed penalty notice for a motoring offence during the period of his licence and should provide information relating to the circumstances surrounding the offence. Any charge, conviction, caution and fixed penalty notice also includes motoring offences.

4. He must set up arrangements which will ensure that he complies with all the obligations of his licences.

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