Agenda item

The Lead Officer (Licensing) introduced the report to the Sub-Committee. He 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.

The licensee stated that he felt that quite a lot of the allegations made against him were spurious as they had resulted in no further action being taken. He added that he was sorry any offence that had occurred as a result of his behaviour.

Councillor Toby Simon acknowledged that a number of the allegations were historical, but asked if the licensee could offer any reason why three incidents had occurred in the past year.

The licensee replied that he does take a mild mood corrective medication, but did not think that he has a bad attitude in general. He added that he had submitted letters of reference from parents that have praised his work with their children whilst doing school runs.

The Chair reminded the licensee that when driving his taxi he is representing the Council. He said that he was most concerned by his reported interactions with children (Annex I) and disabled people (Annex E).

The licensee said that he was not a vindictive or vicious person. He added that the incident that occurred with the disabled driver was when their vehicle was blocking an entrance to a car park. He said that at the time the vehicle was not displaying any disabled identification and that he had simply asked the driver to move the vehicle out of the way. He stated that he would not use bad language unless it was used towards him in the first place.

One of the complainants was present and he addressed the Sub-Committee. He explained that he was crossing the road (Orange Grove) and became aware of a vehicle moving towards him on purpose. He said that this was the licensee in question and that the licensee also verbally abused him and made offensive hand gestures.

He said that he then noticed the vehicle again a few minutes later having come around Grand Parade / Pierrepont Street. He explained that he approached the vehicle and that the altercation did not go well.

The Chair asked if he knew the licensee personally.

The complainant replied that he did not.

The Chair asked if he was 100% sure that the vehicle changed direction towards you.

The complainant replied yes.

The licensee said that as he was driving away from the Abbey taxi rank towards the High Street a pedestrian crossed in front of him. He stated that he did not change his direction towards them and that his window was closed and therefore could not have shouted the alleged abuse.

He said that when the complainant approached him after the incident it was the complainant that was abusive towards him.

The complainant said that a heated argument did take place, but he did not swear at the licensee and informed him that he would be reporting him to the Council.

The Lead Officer (Licensing) commented that there were a number of independent reports referring to the language and behaviour of the licensee. He asked the licensee to confirm that they had met numerous times over the years and that in his opinion the licensee does swear in day-to-day life.

The licensee replied by saying that he would not swear at any member of the public, but acknowledged that it was part of his used vocabulary.

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 complaints about his behaviour as referred to in the Licensing Officer’s report.  In doing so Members took account of the Local Government (Miscellaneous Provisions) Act 1976, Human Rights Act 1998, case law and the Council Policy.

The Fit and Proper Person test is a statutory test, but there is no statutory definition, however the Sub-Committee needs to be mindful of the Council Policy on Licensing and the Fit and Proper person test, as follows:

POLICY ON HACKNEY CARRIAGE AND PRIVATE HIRE LICENSING STANDARDS FOR DRIVERS, VEHICLES AND OPERATORS 2023

Under the Policy Section 5.12 – 5.14

 “Licensing It is a legal requirement that driver’s and operators must be ‘fit and proper’ for a licence to be granted under the Local Government (Miscellaneous Provisions) Act 1976. In determining fit and proper the B&NES Licensing Sub-Committee has used the following term of authorities have a duty to ensure that any person to whom they grant a taxi or private hire vehicle driver’s licence is a ‘fit and proper’ person to be a licensee. It may be helpful when considering whether an applicant or licensee is fit and proper to pose oneself the following question:

Without prejudice, and based on the information before you, would you allow a person for whom you care, regardless of their condition, to travel alone in a vehicle driven by this person at any time of day or night?”

Members have asked themselves if they would allow their friends, loved ones and indeed all members of the community to travel alone in a vehicle driven by this person which is considered to be substantively the same as the suggestion in the Standards Guidance. Members of the Licensing Sub-Committee are aware that decisions on the suitability of an applicant or licensee are made on the balance of probabilities.

There are a number of incidents including historical incidents, but the 3 latter incidents as set out in the Licensing Officer’s report are where the Sub-Committee have given the most weight too. In particular, the Licensee’s behaviour and the licensee’s driving safety as demonstrated when in a situation with a member of public.

Members heard from the Licensing Officer, the licensee in oral and written representations and the complainant in written oral and representations. 

It was noted by the Sub-Committee that the licensee did not give reasonable or adequate explanations into the recent incidents or provide any insight and rationale as to what led to that behaviour.

On balance, the Members of the Sub-Committee find that the licensee is not a fit and proper person to continue to hold the combined Hackney Carriage/Private Hire Driver’s Licence and hereby revoke his licence. 

The Sub-Committee notified him that he has 21 days to Appeal their decision to the Magistrates Court on receipt of the written decision by the Council.