Agenda item

The Public Protection 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 addressed the Sub-Committee and said that he simply does the best that he can, has had no accidents and no complaints made against him.

He stated that the incident involving his wife has nothing to do with his role as a taxi driver, should not be considered and said that this is an ongoing matter with the Police.

The Chair asked if the licensee could explain why his wife had been driving a licensed vehicle.

The licensee replied that he was completely unaware that she had done so and was shocked to have found this out.

The Public Protection Officer (Licensing) stated that this information had been included in the report as the vehicle with that particular registration number that had been driven by his wife was licensed at the time of her speeding offence in July 2022.

The licensee replied that it was his view that this was mistake and that the plates of vehicles had changed in April 2022.

Councillor Toby Simon commented that the licensee currently had 9 points on his driving licence in relation to 3 active speeding convictions and that this was against the Council’s Policy to be able to hold a combined Hackney Carriage/Private Hire Driver’s licence.

Councillor Simon asked the licensee if he could explain why had not complied with the conditions of his licence to display his vehicle roof sign, personal ID badge and in-car identification whilst on a journey to Bristol Airport on 17th August 2023.

The licensee replied that the roof sign had been removed due to motorway use on the way to the airport and he had forgotten to replace it. He added that he had not realised that he was not wearing his personal ID badge and that the in-car identification was within the glove box of the vehicle. He apologised for this being the case.

Councillor Simon asked the licensee why he had not taken his vehicle for an MOT prior to it expiring.

The licensee replied that he had originally believed that the vehicle had been purchased with a 12-month MOT. He explained that the vehicle had actually only had 11 months and 1 weeks’ worth of MOT when purchased. He said that once this had been realised he contacted his garage to arrange for an MOT to take place. He added that on inspection the vehicle the vehicle failed the MOT as one of the tyres was below the minimum tread limit, but that this could not be replaced on the day as the required tyre was not in stock.

He explained to the Sub-Committee that the vehicle was left at a garage around 400 yards away overnight, before the tyre was replaced the following day.

Councillor Simon asked the licensee to confirm that the vehicle had not been used for hire whilst without a valid MOT.

The licensee confirmed that it had not been used for hire during this period. He added that he now has a notification system in place for the expiry dates of his vehicles MOTs etc.

The Lead Officer (Licensing) commented that during the MOT inspection there was also an advisory notice to replace the front brake pads, but noted that this work was not carried out on the vehicle before it had left the garage.

The licensee acknowledged that this work was not carried out straight away, but has now been completed.

The Lead Officer (Licensing) stated that it is made very clear to all licensees who can use their vehicles every time they apply or renew their licence and that they are asked to sign that they agree to the conditions of the licence.

The licensee addressed the Sub-Committee to make a summing up statement. He said that he has not been the subject of any public complaints and has not had any accidents whilst driving. He added that he has had some history of administrative issues, but that he was of no harm to the public.

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 license relating to the MOT certificate, motoring offences. permitting an unlicensed person to drive his vehicle and the display of signage and wearing of official identity badge.  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 licensing officers and the answers to questions from Members and the Licensee’s written and oral submissions.

Members noted the Licensee has previously had penalty points imposed by licensing officers and appeared before this Sub-Committee and had his license suspended for approximately two months.

The matters for consideration by the Sub -Committee are:

• Four speeding convictions in less than four years for which he had been given penalty points

The following breaches of his license conditions following an inspection by police at Bristol airport:

• Failure to display his roof sign
• Failure to wear his personal identity badge
• Failure to display the appropriate signage inside the vehicle

Failure of an MOT for a defective tyre, which was not notified immediately to licensing officers. 

Permitting an unlicensed person to drive his licensed vehicle on two occasions.

A further speeding offence in a vehicle licensed to the licensee.

A booking system which had not been compliant with license conditions.

The Sub-Committee considered the written correspondence and oral submissions from the Licensee.  The Licensee told the Sub-Committee that:

• His wife had driven the car without his consent for a private not hire matter and he had not known she had driven the car, the matter is now with the police
• That he had not been the driver of the vehicle for the last speeding matter
• He currently has nine points on his license but three come off in September 2024
• His roof sign had been removed when he was travelling down a motorway and he had not replaced it before arriving at Bristol airport
• His personal identity badge must have fallen off when he was taking his sweater off
• He had no excuse for the other badge that should have been displayed inside the vehicle which was in the glove box
• When his vehicle failed the MOT he disagreed the tyre was in a dangerous condition and said it had been borderline
• He had an advisory on the MOT certificate for front brakes which he did address, although not immediately
• He is in great demand, people consider he provides a good service, he has had no accidents or complaints and is no harm to the public
• He has now implemented a compliant booking records system
• He now has an app to remind him about mileage etc for vehicle checks

Members noted the three speeding offences in three years resulting in nine points and another speeding offence for which he had been on a speed awareness course.

Members noted the breach of licence conditions identified by the police at Bristol airport. 

Members noted the breach of licence conditions when his wife drove the licensed car without the requisite licence, but noted the Licensee’s defence and did not take that matter into account.

Members noted that the Licensee denied that he was the driver of the vehicle for the latest speeding offence.

Members noted that the Licensees booking records did not comply with the requirements of his licence conditions as maintained in 2023.

Members noted that the Licensee had not fully cooperated with licensing officers in provision of his booking records.

Members noted that the vehicle had failed an MOT in January 2024 for the failure of a tyre due to insufficient tread which was so serious he was advised not to drive until it had been replaced, that the Licensee did not report that to licensing officers, that the condition of front brakes had been advisory and he had not complied with a vehicle recall.

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

Members noted that there have been a number of previous speeding offences, that the Licensee had previously had penalty points added to his licence and previously had his license suspended for approximately two months in 2022 for breach of his licence conditions.

Members consider that the Licensee:

1. Failed to familiarise himself with the conditions of his licence.
2. Failed to comply with his license conditions at all times. 
3. Failed to fully cooperate and answer promptly all questions raised by the licensing officers.

And

4. Having heard from the licensing officers and the Licensee and taking into consideration:
   1. that the Licensee has a history of speeding offences
   2. at times the Licensee has failed to declare to licensing officers his motoring convictions
   3. that the Licensee has accumulated four speeding offences in less than four years contrary to the Council’s policy which is in place for the safety of the public
   4. this Sub-Committee has previously in 2022 suspended the Licensee for a period of approximately two months
   5. the Licensee failed to comply with the conditions of his license for the display of roof signs, personal identity badge and vehicle interior badge
   6. the Licensee drove a vehicle with a tyre that failed an MOT
   7. the Licensee did not respond to a vehicle recall

Members consider that the Licensee does not take seriously the requirement to comply with the license conditions

Members consider that the Licensee has not learnt his lesson from previous warnings, penalty points and suspension.

For these reasons Members consider on balance that the Licensee is not a fit and proper person to hold a license and revoke his Private Hire/Hackney Carriage License.