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.

She added that some additional information had also been circulated to them and the licensee earlier in the week.

Councillor Toby Simon asked if this information should be taken into account as part of today’s meeting or was merely background information.

The Public Protection Officer (Licensing) replied that it should be taken into account from the point of view of the safety of the licensee’s vehicle.

The licensee said that they admit that they have made some mistakes and that they are not always good with communications and IT. The licensee added that they have enrolled in a local college course to improve their IT skills.

The licensee referred to the road traffic accident in September 2024 and explained that their vehicle had been stationary at the time of the incident and that only a small amount of damage to their vehicle had occurred.

The licensee said that despite the late submission of their insurance certificates their vehicle had always been correctly insured. They added that on the most recent occasion in July they had asked their son to submit it on their behalf.

The Chair reminded the licensee that even if their son was to help with any paperwork it was still their responsibility to make sure everything is submitted correctly and on time.

The Public Protection Officer (Licensing) referred to an email that had been sent to the licensee on 23^rd December 2024 regarding the tread depth of their offside rear tyre and asked if it had yet been replaced.

The licensee replied that the tyre had been replaced on the day that this email had been received.

The licensee’s son addressed the Sub-Committee. He said that they understood the seriousness of the situation and apologised for the errors that have been made. He said that the licensee was a good people person and that the job gives them joy.

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 failures to comply with the conditions related to their licences. 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 received one lot of additional information which was shared by the Licensing Section comprising 13 pages and relating to vehicle inspection reports, an MOT test report showing an advisory in relation to a tyre, and a complaint made by the Licensee’s son to the Licensing Section. The Licensee had been provided with a copy of this additional information, in advance of the hearing and had acknowledged receipt.

Members had read the Licensee’s written explanations as contained in the agenda report pack and heard from them in oral representations. The Licensee was also assisted by their son at Committee.  

Members noted that the Licensee had failed to provide a valid insurance certificate to the Licensing Section within the requisite 7-day period on 3 separate occasions and that this was in breach of the condition of his licence. Furthermore, they had failed to notify the Licensing Section of a no fault road traffic accident that took place in September 2024, within the 72 hours required as a condition of their Private Hire Licence. The licensee admitted these breaches of condition.

They apologised and informed Members of the extenuating personal circumstances that they had experienced and explained that they were not very good with electronic communication. The Licensee informed Members that they were going to enrol on a course at Bath College to improve their IT skills.

Members noted that the licensee had not received any complaints from the public since they were first licensed in 2021.

Members note that compliance with the conditions relating to insurance certificates 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, indeed compliance with all conditions is of the utmost importance.

Member found that the Licensee was apologetic for their non-compliance, that they understood the importance of compliance with the conditions of their licences now and was taking steps to equip themself for use of electronic communication.

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:

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, even if they are assisted by another to do so
3. Ensure that they put in place a system to manage their administrative responsibilities for their BANES licences.

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