Agenda item

The Public Protection Officer (Licensing) introduced the report to the Sub-Committee. She explained that they were being asked whether the licensee remains fit and proper to hold a combined Hackney Carriage/Private Hire Drivers licence issued by this authority.

Councillor Toby Simon asked why the complaint from July 2016 had not been reported to the Sub-Committee that met in August 2022.

The Public Protection Officer (Licensing) replied that she was not able to comment on why this had been the case.

The licensee stated that they were not aware of this complaint and asked for it to be removed from their record.

The Chair said that the Sub-Committee would disregard the complaint in the context of this meeting.

The licensee addressed the matter of the insurance certificate that was submitted in September 2024. They acknowledged that it had been submitted one day late said that they had not noticed that it did not cover the vehicle for public hire use or use as a Hackney Carriage. The licensee explained that the insurance company had accepted that they had made an error by issuing the wrong certificate.

The licensee added that they would never knowingly drive without insurance in place as their licence was too important to them.

The licensee said that they understood that they had breached a number of conditions of their licence. They explained to the Sub-Committee that they drive for around 60 hours per week, were now a single parent and that they try to do the best they can in their role.

They said that the majority of their paperwork is sent in on time, but said that many things had happened recently in their personal life.

Councillor Ann Morgan asked the licensee if they had considered using a calendar app, e.g. Cozi, to help with reminders for things such as insurance and MOT.

The licensee replied that this sounded like a good idea.

The Chair commented that MOT reminders could also be set through the DVLA app.

Councillor Toby Simon referred to the speeding offences and asked if any customers were within the vehicle at the time of these offences.

The licensee replied that there were no passengers present in the vehicle on any of those occasions. They added that they now use Google Maps to make them more aware of the changes in speed limit as they drive.

Councillor Simon asked if driving for 60 hours a week was too much.

The licensee replied that they do take regular breaks whilst driving during the day.

The Chair asked if somebody within their family or a close friend could help them with the paperwork.

The licensee replied that they could possibly ask a family member to help. They also thanked the Sub-Committee for their advice regarding the Cozi and DVLA apps. They added that they would also consider taking some time off during the week to allocate towards administrative duties.

The licensee said that they would do their upmost not to breach any of their conditions again.

Decision & Reasons

Members have had to consider whether or not the licensee is a fit and proper person to continue to hold their combined Hackney Carriage/Private Hire Driver’s licence in the light of minor motoring convictions and non-compliance with the conditions of their licence. 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 had read the Licensee’s written explanations contained in the agenda report pack and heard from them in oral representations. The Licensee admitted that they had breached the conditions as alleged and that they had committed the speeding offences however they denied any knowledge of the 2016 allegation. As far as the Licensee was concerned, they had had no complaints from Members of the public for the whole time they had been licensed and noted that it was confirmed at the Licensing Sub Committee in 2022, that there had been no complaints against them. Members left this matter out of their consideration.

Members noted that the Licensee had accrued 3 speeding convictions in less than 3 years, albeit one was known to the Committee before their last appearance in August 2022, which meant they were in breach of the policy wherein it is expected that a Licensee will not have been convicted of 3 or more minor motoring convictions within the previous 3 years. Members also noted that at their appearance before Committee in August 2022, they received a final warning that they must comply with the conditions on their licences as they are an important safeguard to ensure the safety of the travelling public and if they come before the Licensing Sub Committee again, against this background, there is a strong risk of revocation of their licence.

Members noted that the Licensee had experienced extenuating personal circumstances both prior to their appearance at Committee in 2022 and in relation to this Committee. Whilst Members had sympathy for them, they had to be satisfied that they were fit and proper to continue to hold their BANES driver’s licence and that they had learnt from their past mistakes. In addressing Members, the Licensee indicated that they had set up Google Maps on their phone, with noise alerts so that they are notified when they start to exceed the speed limit.

On questioning from Members the Licensee identified that they plan to set aside half a day a week in order to deal with their paperwork, they would set up DLVA alerts in relation to their MOT reminder and would download an app, such as the COZI app, to ensure that they were sent reminders regarding key dates for their diary.

Therefore, on balance, Members find that the Licensee is a fit and proper person to continue to hold the combined Hackney Carriage/Private Hire Driver’s Licence however, they issue a final warning to them that they must do as follows:

1. Ensure that they adhere to the rules of the road;
2. Ensure that they comply with all the BANES conditions and policies related to their licences.
3. Ensure that they download an app such as the Cozi app or equivalent in order to manage their diary and administrative affairs.

If they appear before the Licensing Sub Committee again, against this background, they are at risk of revocation.

Members observed that if a significant complaint is upheld against the Licensee or they receive any further convictions, cautions or fixed penalties, the Licensee should be referred to Licensing Sub Committee to consider their fit and proper status.