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.

He explained that there was an error on the Stop Notice within the agenda pack as that had indicated that a spare wheel was in the vehicle at the time of the inspection and there was not one present.

The licensee stated that the item that had been found within his vehicle was a gardening tool that he had purchased from B&Q. He said that it had been a genuine mistake that he had left the item in his vehicle whilst working. He explained to the Sub-Committee that he used the tool to chop down shrubbage near areas where he goes fishing and that he had offered to show the Police evidence of this if required.

He said that the tool is stored in a separate storage compartment within his boot and had totally forgot that it was in the vehicle. He added that this was an action that he regrets.

The licensee informed the Sub-Committee that he had received no complaints from members of the public since becoming a driver in 2016 and could supply a character reference if required from his employer.

The licensee addressed the Sub-Committee regarding the evening that his vehicle was stopped by a Taxi Licensing Police Officer in July 2024 and the subsequent breaches of his licence and conditions.

The licensee said that his missing vehicle roof sign, Combined Hackney Carriage/Private Hire driver’s ID badges, interior comment plate, “No Smoking” signs, fire extinguisher, spare light bulbs and spare wheel were not within or on his vehicle when it had been stopped for inspection as the vehicle had been valeted and that the items that should have been in the vehicle had been removed prior to that.

He added that in his opinion the licence plates were in place and were clearly visible. He said that he had not been told that the licence plate for the rear of the vehicle could not be displayed in the window. He stated that when the vehicle was reinspected everything was fine.

Councillor George Tomlin asked the licensee when had the vehicle been valeted prior to it being stopped for an inspection.

The licensee replied that this had been one day before the inspection and accepted that all items should have been replaced.

Councillor Tomlin asked the licensee why he did not have his personal ID badge on him at the time the vehicle had been stopped for inspection.

The licensee replied that he could not explain this. He said that he understood the importance for all ID to be worn and displayed and accepted that these were his mistakes. He added that he had been calm when questioned at the inspection and that no charges had been brought against him.

The Chair stated that vehicle signage and ID need to be in place for many reasons and were vital, especially to ensure the safety of the public.

The licensee said the plate to the front of the vehicle had not been blocking the vehicle’s registration and reiterated that he had not known that the rear plate could not be displayed in the window. He added that his vehicle has livery on the doors that show that the vehicle is a taxi. 

The Chair asked the licensee if he now accepts that as a condition of his licence that the plates for the vehicle must be attached to the exterior of his vehicle, front and rear.

The licensee replied that he does now accept this.

The Public Protection Officer (Licensing) asked the licensee where he had had his vehicle valeted.

The licensee replied that he had done this himself. He said that he knows he should have put back the items that were removed.

The Public Protection Officer (Licensing) said that he disputed the licensee’s account of his demeanour on the night of the inspection and said that the Taxi Licensing Police Officer had needed to calm him down.

The licensee said that he had been embarrassed about being pulled over for the inspection.

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

The licensee said that he acknowledged the mistakes that he had made and that he was telling the truth when answering questions at the inspection and 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 in the light of a number of breaches of the conditions of his BANES licences and for having a gardening tool present in vehicle. 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 and admitted his wrongdoing. He acknowledged that he had breached the conditions of his licence by failing to return items to his vehicle after he valeted it. He explained that he had all of those items at home and was able to put them back into his vehicle so that it was satisfactory on re-inspection. He disputed that the front plate was obscuring the VRN but accepted that as he was asked to move it, he did so. He explained to Members that it was negligent of him to leave the gardening tool in his vehicle. He could see how this might be perceived if a passenger had been aware of this. The Licensee explained that the tool was in his vehicle for use when fishing and that he was telling the truth that there were no malicious or suspicious reasons behind it being present in the car. He explained to Members that he had felt embarrassed when he was stopped by licensing officers and the police; he had a passenger in his vehicle at the time.

On questioning by Members, the Licensee acknowledged his wrongdoing and said he understood why it was important to have the items in his vehicle as required by the conditions on his licence, in the interests of public safety.

Members noted that the Licensee was found to have breached 8 of the conditions of his licence when his vehicle was inspected as part of a joint operation between the police and licensing. Compliance with these conditions is vital to ensure the safety of the travelling public.

Members noted that the police had decided to take no further action in relation to possession of the gardening tool.

Members were satisfied based on what they had heard and read that the Licensee understood now, the importance of complying with the conditions on his licence, to ensure the safety of the travelling public. They are also satisfied that the possession of the gardening tool in the car boot, was negligent. They also noted that he had no complaints on his licensing record from Members of the public. However, the breaches of condition and presence of the tool in the vehicle was sufficiently serious that they issue him with a final warning as to his future conduct as follows:

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. If he comes before the Licensing Sub-Committee again, against this background, there is a strong risk of revocation of his licence.