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 had struggled with completing forms for many years and should have asked for help. He stated that he had now put things in place to help him.

Councillor Toby Simon asked if the Licensee could give any examples of how he has struggled and for how long.

The Licensee replied that, if honest, he had probably had these issues since being at school and would avoid having to confront them as much as possible. He added that he had recently become more aware as his children had been diagnosed with ADHD.

He explained that he asks his partner to now double check forms before signing them and acknowledged that he requires some instructions to be repeated to him.

Councillor Simon asked the Licensee how he feels when receiving information from passengers about where they want to travel to.

The Licensee replied that he checks with them two or three times to make sure he has the right destination.

Councillor Simon asked the Licensee how he handled information whilst driving, such as road diversions.

The Licensee replied that this was normally fine as the information would normally be in large print.

The Chair asked the Licensee how he would cope if his partner was away for a period of time and he had to respond or complete some forms within a required timeframe.

The Licensee replied that he would find another family member to help him. He added that he has an eye test every year and knows to inform the Licensing department if there are any changes in his medical condition.

Councillor Simon asked the Licensee if he was now driving full time.

The Licensee replied that he was now driving around 40 hours per week.

The Chair asked the Licensee to make a summing up statement.

The Licensee said that he acknowledges the mistakes that he has made and will now ask for support from family members when required. He added that he has had no complaints made against him from any members of 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 license conditions relating to failing to inform the Licensing Authority of relevant medical conditions and falsely declaring at four licence renewals that he had no relevant medical conditions.  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, heard from officers, and considered the written and oral submissions from the licensee.  Officers stated that the licensee had now provided relevant medical reports and was assessed fit to drive. 

Members considered the facts that:

• The licensee has held a license since 6 November 2006, the current licence expires on 28 February 2025. 
• B&NES licensed drivers have to meet the DVLA group 2 standards for vocational drivers.  The DVLA provides guidance:  Assessing Fitness to Drive – A guide for medical professionals (last update June 2022).
• The licensee had a number of medical conditions that should have been declared to the Licensing Authority when first diagnosed.  One condition required an assessment and new glasses before he was assessed as fit to drive.
• At 45 years old all B&NES drivers have to produce a medical form (D4).  A D4 report submitted on 31 January 2024 (first report since he was licensed in 2006) stated that the licensee had multiple conditions which he had not notified licensing of previously:

On 2 and 8 February 2023 the licensee provided further information in relation to his medical status.

• Since 2015 the licensee renewed his combined license four times, each time making a false declaration on the renewal applications as he had indicated an answer of “no” when asked “are you aware of any event which would affect the information supplied on the last medical certificate submitted to B&NES Council by you?” 
• The licensee has indicted he has dyslexia and ADHD which makes it difficult for him to read and understand forms.  The Members noted he has not been formally diagnosed with either condition.  He has never previously expressed any difficulties to licensing in completing applications and had completed forms in the presence of licensing officers without apparent difficulty.
• On 5 April 2024 his licence was immediately suspended as licensing could not be satisfied he met the group 2 standards. The license was reinstated on 11 April 2024 on production of evidence he met those standards.
• Apart from the failure to declare medical concerns there have been no other concerns or complaints regarding the licensee.

Members heard from the licensee:

• He has struggled with forms and to read all his life. 
• He admitted he should have asked for help
• He has let himself and licensing down
• He has now put things in place with his partner or eldest son to read things to him and he asks them to repeat information until he has understood.
• He has now read and fully understands the terms and conditions of his license.
• He can read road signs without difficulty due to the size of the text
• He will ask hirers more than once to clarify information.
• He admitted it took a long time for licensing to become aware of his serious medical conditions.  He was not a full time driver until more recently. 
• He has now arrangements in place for a CPAP review and eye test every year. 
• He knows that any issues and changes to his conditions he must report to licensing.

Members found the on the facts the licensee:

• Had failed to comply with the condition on his licence regarding informing licensing of changes in his medical condition.  Some conditions he had for seven years and had not notified licensing.
• Had made four false declarations on renewal applications.
• Members accepted the licensee’s evidence regarding his dyslexia.
• The licensee had held his licence for approximately eighteen years and there have been no other concerns or complaints.

Members find on balance 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 familiarise himself with the conditions of his licence, especially those relating to medical conditions
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 that he appropriately seeks medical advice and reports any changes to his conditions to licensing as required by his license conditions.
4. If he is unsure about any matter he must speak to licensing.
5. If he comes before the Licensing Sub-Committee again, against this background, there is a strong risk of revocation of his licence.