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 said that the reason for the late notification for his most recent offence was that the letter notifying him of the incident had been sent to him whilst he was out of the country.

He added that other previous faults regarding his licence had been either minor or as a result of a misunderstanding.

Councillor George Tomlin asked the licensee if he was aware that having 3 or more minor motoring offences during the previous three years was a breach of the Council’s policy.

The licensee replied that he was not aware of this.

He stated that his licence was his livelihood and needed to be able to drive to support his family.

The Chair asked the licensee why he had broken the speed limit on numerous occasions.

The licensee replied that he mainly worked within Bristol and that his offences had occurred in Bath where he had found it difficult to control his speed whilst driving on hills. He added that he has never intended to drive at speed on purpose and now drives more carefully when in Bath.

The Chair asked how old his vehicle was.

The licensee replied that it was a 2018 model.

The Chair said that if that was the case he should be able to put a speed limiter in place on the vehicle.

The licensee replied that whilst the vehicle had been serviced this feature had been activated, but had somehow now turned off and he did not know how to put it back on.

The Chair stated that it was the licensee’s responsibility to know the policy of the Council and asked him what measures he will put in place to make sure that he completes all of his statutory paperwork on time.

The licensee said that he would make sure that he renews his MOT and insurance well in advance of the deadlines. He added that for his most recent MOT his vehicle had been booked 2-3 weeks ahead of renewal, but the vehicle had failed and that the following appointment could only be made after the renewal deadline had passed.

The Chair said that it was important to inform the Licensing department as soon as you realise that there are any problems.

The licensee gave a summing up statement to the Sub-Committee. He said that whilst holding his licence he had received no complaints from the public and that he was in no way a threat to them. He stated that in his view the previous faults were minor and as a result of misunderstandings.

Councillor Ann Morgan asked the licensee if he was aware of the severity of his offences / actions now.

The licensee replied that he was.

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 speeding convictions and his licensing background. 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 Licensee addressed Members in oral representations. In relation to the reason why he had not notified licensing of his latest speeding conviction within 7 days, he indicated that the letter had been put to one side by his partner and he was not aware of it as he had gone abroad. Whilst he was abroad with his son, he had asked his partner if any post had arrived for him, and she had sent a WhatsApp image of the letter to him. It was at that point that he had notified licensing, and this is the reason for the delay in giving notification. In relation to his failures in providing MOT and insurance certificates, the Licensee explained that this was due to misunderstandings. Similarly, in relation to the incident where he attended the licensing offices in his Private Hire Vehicle without holding a Combined Hackney Carriage/Private Hire Driver’s Licence, he said he did not realise that he could not drive his son to school for example, in his vehicle. He thought this was ok as he had removed his plates and was insured as far as he was concerned.

On questioning by Members, the Licensee indicated that he unintentionally committed speeding offences and whilst it was no excuse, he did not exceed the speed limits by a great deal; it was normally when he was going up or downhill.  In terms of what he would do in future to ensure that he complies with the policy and conditions of his licences, he indicated that he would make sure he drives more carefully everywhere, and he would make MOT bookings and contact his insurance company earlier.  The Licensee indicated that he had learned a lot now and he would make sure that he would comply with all of the conditions imposed on him. He apologised for his conduct and asked Members to give him another chance.

Members noted that the Licensee had obtained three minor motoring convictions in the last three years which was contrary to the Council’s policy, and that two of these convictions had been considered when he had appeared before the Licensing Sub Committee in April 2023. At that Sub-Committee he had received a final warning that he needed to comply with the terms of his licences and must take care to travel within the speed limits, amongst other things.

Members noted that compliance with the conditions on BANES licences is vital so that the Council can be assured that the safety of the public when travelling in a BANES licensed vehicle is not compromised. Members also noted the importance of complying with the speed limits in force to ensure the safety of road users.

Members found the Licensee’s account regarding the delay in notifying Licensing of his latest conviction to be credible, they took on board his confirmation that he understood the severity of what he had done and would put measures in place to ensure this did not happen again, and Members noted that there had been no complaints from Members of the public in relation to his conduct as a BANES licensed driver. For those reasons, on balance, Members find that the Licensee is still a fit and proper person to continue to hold the combined Hackney Carriage/Private Hire Driver’s Licence but issues a warning to the Licensee that:

1. He must understand and comply with the Council’s policy on Hackney Carriage and Private Hire Licensing Standards for Drivers, Vehicles and Operators.
2. He must understand and comply with the conditions on his licences as they are an important safeguard to ensure the safety of the travelling public.
3. He must set up and maintain arrangements which will ensure that he complies with all the obligations of his licences and indicate in writing to the licensing section within 21 days from today i.e. by 8^th November 2024, what measures he has put in place.
4. He must confirm in writing to the licensing section within 21 days from today, that he has re-read the Councils policy and the conditions of his licences.
5. If he comes before the Licensing Sub-Committee again, against this background, there is a strong risk of revocation of his licence.

Note

If the Licensee fails to comply with the requirements at paragraph 3 and 4 above, he may be referred back to Licensing Sub Committee to consider his fit and proper status.