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.

Councillor Toby Simon asked if all relevant medical information had now been supplied to the Licensing Department.

The Lead Officer (Licensing) confirmed that it had now been received.

The licensee addressed the Sub-Committee and stated that he had been under the impression that the vehicle he had purchased came with 12 months MOT cover and that he was also expecting to receive a renewal reminder from the company that he had purchased the vehicle from.

He explained that once he was aware of the need to have the vehicle inspected, he did so and there were no advisories or concerns in respect of the vehicle.

He acknowledged that this was his mistake, apologised and said that he hoped that it would not happen again.

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 licence 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 report from officers and written and oral submissions from the Licensee.

Members noted that when the Licensee applied on 23 May 2024 to renew his license, discrepancies in the continuity of MOT certificates were noted.  The MOT had expired on 12 November 2023 and the new certificate supplied with his renewal application on 23 May 2024 showed a break in the MOT certificates of three months.  During that time the vehicle had been driven constantly as a Hackney Carriage vehicle, so putting fare paying passengers and other road users and pedestrians at potential risk for a considerable time. Members noted that the Licensee had failed to inform licensing officers of this breach of conditions.

Members noted that the Licensee has a history of breaches of the conditions of his license and of inappropriate communication with licensing officers.

The Licensee explained that he had thought the vehicle had been purchased with a twelve month MOT certificate, however that had not been the case.  He had also been expecting to receive a reminder for the renewal of his MOT from the garage that had sold him the vehicle, but that did not happen.  He had only noticed the MOT had lapsed when renewing his insurance and had then obtained a new MOT certificate without advisories.

Members noted the tone of the licensee’s previous communication with licensing officers in 2022 and 2023 and the failure to provide timely medical information as required by his license conditions.

The Licensee apologised to the committee.  He explained that it was an oversight due to believing the car had been purchased with a full twelve month MOT certificate and expecting the selling garage to remind him when the MOT was due as had happened before.  He stated it was a mistake, he apologised and said that he hoped it never happens again.

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 is of the utmost importance.

Members noted that licensing officers are undertaking an important role to ensure compliance with licensing regulations and the safety of the public and are entitled to courtesy and co-operation from licensees.

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

1. Must familiarise himself with the conditions of his licence.
2. Must comply with the conditions on his licence as they are an important safeguard to ensure the safety of the travelling public, other road users and pedestrians.
3. He must ensure he knows the key dates for the expiry of MOT and insurance certificates for his vehicles and he must set up and maintain arrangements which will ensure that he complies with all the obligations of his licence including MOT and insurance expiry dates.
4. He is suspended for a period of two weeks from the expiry of the twenty one day period to appeal this decision on the 14 September, if he has not appealed, until 4pm on the 27 September 2024 by which time he must satisfy licensing officers that he has implemented a robust reminder system for MOT and insurance expiry dates.  If he fails to do so satisfy officers by 4pm on the 27 September the licensing officers must return the matter to Licensing Sub-Committee for further consideration
5. He is required to communicate appropriately with licensing officers.