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 began by circulating to the members letters of support from drivers within his company and reviews that had been received from his customers.

He addressed the Sub-Committee and explained that he has had a difficult past few years personally which had led to the oversight of renewing his MOT. He acknowledged that this was his error and understood the need for all documents to be in place at the correct time.

He stated that he runs a successful business and employs a number of drivers on a full / part time basis.

He said that the vehicle in question had no advisories / concerns found during the MOT inspection.

He stated that he asks all of his drivers to inspect their vehicles on a regular basis.

He said that he runs his company in a professional manner, has received no complaints from members of the public and that a number of well-known companies use his business on a regular basis.

He explained that he had recently implemented the use of an app for all drivers to use that requires them to sign in every time they begin to work and carry out a number of vehicle checks before driving.

The Chair asked how many jobs were carried out by the vehicle in question whilst it was without an MOT for six weeks.

The licensee replied that within that period only three jobs had been carried out.

The licensee made a summing up statement to the Sub-Committee. He said that he has a good business in place and understands the seriousness of the situation that he has ended up in. He added that he has respect for the officers within the Licensing Department.

The licensee read aloud two statements from drivers within his company who both said that vehicle safety is always maintained to a high standard, the company was a professional organisation and it has high standards of customer service.

The Lead Officer (Licensing) stated that the licensee’s Operator’s Licence was not part of the Sub-Committee’s determination at the meeting today.

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 and in the light of failures to comply with the license conditions relating to an MOT certificate.  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 considered the officers report and heard from officers and considered the written and oral submissions from the licensee.  Officers stated that Mr Bowen has been compliant with provision of information.

The Licensee appreciated and understood why he was before the committee.  He explained that he had himself alerted the Council to the fact that an MOT certificate had lapsed.  He explained that this had been overlooked due to very difficult personal circumstances which led to the deletion of his calendar containing his reminders combined with not realising that the car had less than a twelve month MOT certificate  from the date of purchase.  He has now implemented a new online booking system which includes visible reminders and a backup calendar with all required reminders.

The break in the MOT certificate had been for the period 26 May to 10 July 2024, however the Licensee explained that the vehicle had only been used on the road for the very end of May and made three journeys in that time, as he had by chance chosen to use another vehicle during June and July.  The Licensee had on 10 July provided the new MOT certificate with the vehicle passing with no advisories.

The Licensee explained the regime he requires from his drivers and that he follows himself to undertake regular vehicle checks.  The Licensee stated he has built a very successful and respected business with a number of drivers reliant on him for their sole income.  There have been no complaints from the public.  The Licensee apologised to the committee and said he understood the gravity of the matter. 

Members noted a previous failure to provide all the required information relating to relevant medical conditions due to not fully understanding the conditions of his licence and the detail in the medical reports.

Members noted that compliance with the conditions relating to MOT certificates is vital so that the Council can be assured that the safety of the public when travelling in a B&NES licensed vehicle is not compromised. Indeed, compliance with all licence conditions including timely provision of relevant medical information is of the utmost importance.

Members noted that the Licensee had held his licence with B&NES for approximately twelve years and found that there had been no complaints in relation to his conduct from members of the public. 

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  warning to the Licensee that:

1. He must familiarise himself with the conditions of his licence.
2. He must comply with the conditions on his licence as they are an important safeguard to ensure the safety of the travelling public.
3. He must ensure he knows the key dates for expiry of MOT certificates for his vehicles.
4. He must set up and maintain arrangements which will ensure that he complies with all the obligations of his licence.
5. If he comes before the Licensing Sub-Committee again, against this background, there is a strong risk of revocation of his licence.