Agenda item

The Lead Officer (Licensing) introduced the report to the Sub-Committee. He 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 licensee’s DBS certificate was shared by the Lead Officer (Licensing) with the Members.

The Chair confirmed to the Sub-Committee there had been a misprint in the record of interview papers, the papers confirm one of the charges was £97.90, this should be £7.90.

The Chair asked the licensee if they could explain to the Sub-Committee why they had been cautioned by the Police in February 2022.

The licensee replied that it had been a stupid incident involving their family and that they didn’t inform Licensing about it as it was a personal issue. The licensee added that they did not mean to declare a false application and was told by the Police that they could continue to work.

The Chair reminded the licensee that the conditions of their licence states that they must declare all offences.

The licensee replied that they now understand this point.

In a summing up statement the licensee said that they needed their licence to continue to support their family.

Decision & Reasons

Members have had to consider whether to renew the licensee’s combined Hackney Carriage/Private Hire Driver’s licence in the light of a failure to declare a criminal caution for a course of conduct amounting to harassment, received on 18 February 2022 and their licensing record. 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 licence issued by Bath & North East Somerset Council had an expiry date of 28^th February 2025.  The licensee has been licensed with this authority since 1^st June 2015.

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’s 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.

Members had read the written correspondence provided by the licensee in the agenda report pack. Members have had regard to one lot of additional information subsequent to the report pack, which comprised further information about the incident resulting in the caution and a witness statement from the licensee. In the witness statement, the licensee acknowledged that they had failed to inform the Licensing Team that they were the subject of a police investigation within 24 hours, nor that they were charged with a criminal offence within 7 days, nor that they had been issued with a criminal caution within 7 days (breaches of the conditions of their licence). They acknowledged they had made a false declaration in their renewal licence application form, when they responded ‘no’, to the question “have you been convicted or cautioned for any offence (including motoring and fixed penalties) since the grant of your last licence?”

Members have heard the licensee’s oral representations. 

In oral representations, the Licensee provided further information about the incident that resulted in the caution. The licensee did not know they had to inform the Council about the caution. They thought informing them would be required if, for example, there were issues with a customer or speeding in the car they would inform the Council of this. They did not want to falsify information, but did not know that everything should be declared. It was a stupid act between the licensee and their sister in law. The licensee was told by the police they could continue to work. The licensee has a family to support, they need to work to maintain and provide food for them. In the last few months, they have borrowed money to pay the rent and for car finance payments.

Members attribute substantial weight to the fact that the Licensee was of the understanding that this was a personal matter and that they did not need to notify the Council about the caution. They were also informed by the police that they could continue working. However, the Licensee must follow the conditions of their licence and understand their obligations and duties under the driver’s licence.

Therefore, on balance, Members find that the licensee is a fit and proper person to hold the combined Hackney Carriage/Private Hire Driver’s Licence on renewal.

However, they issue a warning to them as follows that:

(i)  The licensee must speak to the Licensing Team at the Council if they have any questions regarding their licence or request clarification and the Licensing Team can support them with this;

(ii)  They must comply with all conditions of their licences, but notably the condition that provides: “If a licensee is accused of any criminal activity that is the subject of an active Police investigation, they should inform the Licensing Office as soon as reasonably practicable and in any event within 24 hours of such investigation being commenced. The licensee should provide as much information as possible that does not prejudice the investigation.”

(iii)  They must re-acquaint themselves with the requirements of their BANES licenses and be absolutely clear on their obligations in order to ensure compliance with the conditions and legal obligations imposed upon them as a BANES licensed driver. They must review the requirements of their BANES license on a monthly basis.

Members also request that the Licensing Team translate the documents BANES’ ‘PRIVATE HIRE DRIVER’S GENERAL CONDITIONS & HACKNEY CARRIAGE DRIVER BYELAWS’ and the ‘POLICY ON HACKNEY CARRIAGE AND PRIVATE HIRE LICENSING STANDARDS FOR DRIVERS, VEHICLES AND OPERATORS’ to Romanian and to summarise the key points within the two documents. Members request that the licensee is provided with copies of the translated documents within one month of this Licensing Sub-Committee meeting (by 16/05/2025).

If there is any further non-compliance regarding the requirements of their licence, the licensee will be referred back to the Licensing Sub Committee and they are at risk of revocation of their 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.