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 have their combined Hackney Carriage/Private Hire Drivers licence renewed by this authority.

The Chair asked why the licensee had been previously suspended for a week in 2016 after a previous meeting of the Sub-Committee.

The Public Protection Officer (Licensing) referred to the minutes from the February 2016 meeting of the Sub-Committee and read that this was ‘in order to allow them to reflect on their behaviour and deter them from misconduct in the future.’

The licensee addressed the Sub-Committee and apologised for not declaring previous speeding offences the Licensing department. The licensee also stated that their vehicles have always been road legal despite some previous issues relating to the submission of paperwork.

The licensee said that they loved doing their job.

The licensee’s sister was also in attendance and addressed the Sub-Committee. She explained that the licensee had reached out to her after several years of struggling to say that they find all digital interactions difficult. She said that she intended to help the licensee in the future with correspondence and applications.

She informed the Sub-Committee that the licensee had installed the Waze app on their mobile phone to alert them when nearing the speed limit while driving.

The licensee said that they could not defend the offences, but said that they do not drive very fast around the city.

The licensee’s sister stated that many regular customers were willing to give a character reference for the licensee if required.

Councillor Toby Simon asked if the Waze app provided an audible warning for when reaching a speed limit.

The licensee replied that the speedometer on the app will turn red if you reach the speed limit and you get an audible alert.

Councillor Simon asked the licensee for further comment on why there had been a gap of 81 days in insurance cover in July 2020.

The licensee replied that due to the pandemic they had removed public liability insurance from their vehicle because they were not working at the time. The licensee stated that the vehicle was insured for private use at all times and had never driven a taxi without the required paperwork in place.

The Chair sought assurance from the licensee that they understood the reasons that they were before the Sub-Committee and the need for them to sure that they can drive safely whilst representing the Council.

The licensee stated that they understood why they were asked to attend the meeting of the Sub-Committee and made a brief closing statement.

The licensee said that they had found the change to digital communication really difficult, was sorry for everything that has happened and regrets that they are in this position.

The licensee explained that due to the lack of having a licence they have been unable to work for the past five weeks.

The licensee stated that they were proud to represent the city and does not intend to be in this position again.

Decision & Reasons

The Members of the Licensing Panel thank all parties for attending the hearing today on the 3^rd April 2025.

This hearing concerns a licensee’s renewal of a combined Hackney Carriage/Private Hire Driver’s licence issued by Bath & North East Somerset Council. The licence issued by this authority had an expiry date of 28 February 2025.  The licensee has been licensed with this authority since 28 February 2003.

Members have had to consider whether or not the licensee is a fit and proper person to have an application for a combined Hackney Carriage/Private Hire Driver’s licence renewed in the light of matters regarding their driving record as referred to in the Licensing Officer’s report.  In doing so, Members took account of the Local Government (Miscellaneous Provisions) Act 1976, Human Rights Act 1998, case law and the Council Policy.

It is a legal requirement that drivers and operators must be ‘fit and proper’ for a licence to be granted under the Local Government (Miscellaneous Provisions) Act 1976. The Fit and Proper Person test is a statutory test but there is no statutory definition. However the Panel needs to be mindful of the Council Policy and the Statutory taxi and private hire vehicle standards which provides as follows in relation to the Fit and Proper person test: “Licensing authorities have a duty to ensure that any person to whom they grant a taxi or private hire vehicle driver’s licence is a fit and proper person to be a licensee. It may be helpful when considering whether an applicant or licensee is fit and proper to pose oneself the following question: Without prejudice, and based on the information before you, would you allow a person for whom you care, regardless of their condition, to travel alone in a vehicle driven by this person at any time of day or night?” Members have asked themselves if they would allow their friends, loved ones and indeed all members of the community to travel alone in a vehicle driven by this person which is considered to be substantively the same as the suggestion in the Standards Guidance. Members of the Licensing Sub-Committee are aware that decisions on the suitability of an applicant or licensee are made on the balance of probabilities.

When the licensee completed a renewal application on 15 January 2025, on the application form, the licensee declared three prior motoring offences. One of the motoring offences had not previously been declared to the Licensing Team (dated 27th September 2023). One of the conditions of a Combined Hackney Carriage/Private Hire Driver’s licence is to provide written notification within seven days of the conviction, formal caution or Fixed Penalty Notice, together with providing information relating to the circumstances surrounding the offence.

Previous enforcement matters also include: on 16 February 2016 the licensee appeared before a Licensing Sub-Committee Meeting as they had received three convictions for speeding offences in the previous three years. Following this, their licence was suspended for one week. On 4 September 2019, the licensee was sent a reminder text about their rear licence plate not being fitted properly to their Hackney Carriage Vehicle. On 24 July 2020, the licensee was issued with a written warning and 6 penalty points for a gap of 81 days in insurance cover, and a first instance of failing to provide a valid insurance certificate within the timeframe required by their licence conditions. Further incidents are also included in the Licensing Officer’s report.

The Panel has considered these incidents and has given the most weight to the motoring offences that occurred between 27 June 2022 and 27 September 2023 and the gap of 81 days in insurance cover where a written warning was issued on 24 July 2020. In particular, the Licensee’s failure to notify the Licensing Team of one of the motoring offences.

Members heard from the Licensing Officer and the licensee in oral representations. It was noted by the Panel that the licensee provided adequate explanations into the recent incidents and further insight and rationale as to what led to that behaviour. The licensee explained that they have difficulties using technology and sending emails. They admitted they had not notified the Licensing Team of the motoring offence within the seven days required as a condition of their licence. The licensee notified the Licensing Sub-Committee that they had installed a Waze app, this is an audible app to notify the licensee of the speed limits on roads. The licensee also said they had not been working as a taxi driver when they had not had insurance in 2020 and it had been during Covid-19. The licensee’s sister accompanied the licensee at the Licensing Sub-Committee, explaining that the licensee is unable to use digital software and that they could support the licensee with submitting documents and making applications to the Council. The licensee’s sister would be able to support the licensee on a monthly basis with any disclosure to the Council that is required.

On balance, the Members of the Panel find that the licensee is a fit and proper person and the renewal application that has been submitted by the licensee for a combined Hackney Carriage/Private Hire Driver’s Licence is granted. The Members have taken into account the licensee’s comments regarding their speeding offences, their gap in insurance cover and that their sister could assist with completing application forms. Previously, following the 16 February 2016 licensing sub-committee, the licensee’s licence was suspended for one week, this suspension period has been shown to be insufficient. The licensing sub-committee would have considered a one month suspension in this case, however, as the licensee has not had a licence since 28 February 2025, as their previous licence had expired, and has not been working during this period, this licensing sub-committee will not impose any further penalties in this instance.

The Panel requests that the licensee attend a driver’s speed awareness course within the next three months and to provide evidence of successful completion of the course to the Council’s officers. Officers will refer the matter back to the Licensing Sub-Committee if this is not done. The licensee must notify officers of any further motoring offences within the timeframes set out within their licence.

If the licensee is referred back to the Licensing Sub-Committee regarding motoring offences or other matters, they are at considerable risk of losing their Private Hire/Hackney Carriage licence.

The Panel notifies the licensee that they have 21 days to Appeal the Panel’s decision to the Magistrates Court on receipt of the written decision from the Council.