Agenda item

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

Councillor Shaun Hughes asked for confirmation that despite not providing their insurance documents on time to the Licensing department, the licensee’s vehicle had always been covered.

The Public Protection Officer (Licensing) replied that the licensee’s vehicle had always had valid insurance cover in place. They also confirmed that an insurance certificate has to be sent to the Licensing department within 7 working days of the expiry of the certificate.

The licensee addressed the Sub-Committee to explain the points raised within the report.

The licensee referred to the incident on 7^th September 2015 when an allegation of overcharging had been made against them. They said that on this evening some previous customers had ran away and not paid their fare and so he had asked for a deposit and would repay any difference at the end of the journey.

The licensee stated that on completion of the journey they had offered change, just under £2, but this had not been taken by the last person to leave the vehicle.

The licensee referred to the incident on 25th June 2015 when an allegation of refusing to drop a customer at their requested destination and being rude and aggressive had been made against them. They said that when taking a customer to Wellsway Dental Practice they had tried to explain that they could not park directly outside as it is a very busy road and wanted the customer to be safe. If the customer had opened the door they would have been at risk. The licensee said that they parked in a side road which was just a short walk away from the destination.

The licensee referred to the incident on 4th March 2025 when a complaint had been received from a member of the public alleging that they had been falling asleep during their journey, and that their vehicle was in poor condition. The licensee said that they had noticed that there was less pressure in one of their tyres, but said the customer had insisted they continue the journey. They said that when requested to do so they took their vehicle for an inspection from the Licensing team.

The licensee said that on the journey to Fairfield Park they had not been falling asleep and that the roads there were so narrow if they had been they would have surely had an accident. The licensee informed the Sub-Committee that they had received racist abuse while carrying out this journey.

The licensee referred to the incident on 10th March 2024, alleging that they were falling asleep during the journey and weaving on the road in their vehicle. The licensee said that they had been driving slowly while going down Dunkerton Hill and swerved at one point to avoid hitting a badger. The licensee said that they had not fallen asleep during the journey.

Councillor Shaun Hughes asked if the licensee if they regularly asked customers for a deposit before carrying out a fare.

The Licensee replied that they have done so if a journey was to take them outside the boundary of B&NES as they need to feel safe and said that customers have ran off previously. They added that if they were to complain to the police they would not get anything.

Councillor Shaun Hughes asked the licensee if they had reported the incident of racism to anyone.

The licensee replied that they had informed the Police sometimes, but no further action had been taken.

Councillor Shaun Hughes asked the licensee if they had any further comment to make regarding the allegations of falling asleep whilst driving.

The licensee replied that they do not drive if they feel tired and took regular breaks during the day. They added that their regular shift pattern was 1.00pm – 5.00pm and then 10.00pm - 1.00am with the break in between used to rest and see their family.

Councillor Shaun Hughes asked the licensee if they were taking any medication that had a side effect to make them tired.

The licensee replied that they did not.

Councillor George Tomlin asked the licensee why they had not previously mentioned the incidents of racism towards them.

The licensee replied that the procedure is normally quite long, with no outcome.

A friend of the licensee was present and said that they had personally had them as a driver for many years as well as asking the licensee to regularly drive an elderly friend and their mother. The friend added that the licensee was a family person, hard working and that they had never seen them fall asleep while driving. She added that the racism received by the licensee was completely unfair.

The licensee made a summing up statement to say that they loved working with the public in general and that they have always returned lost property left in their vehicle.

Additional information (an email) was presented to the attendees of the Licensing Sub-Committee by the licensee and their friend. The Chair accepted the additional information (an email confirming that the licensee is reliable, courteous, has driven their teenage daughter, they are kind and respectful).

Decision & Reasons

Members have had to consider if the licensee is fit and proper to continue to hold their combined Hackney Carriage/Private Hire Driver’s licence in the light of a recent complaint from a member of the public and their BANES 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. 

Members noted that there were two lots of additional information before them comprising:

  i.  an email dated 26/04/25 which was from one of the licensee’s passengers to the Licensing Department. In the email, the passenger thanked the licensee for their honesty and helpfulness in returning their lost phone to them; and

  ii.  an email dated 09/05/25 which was from a passenger who had known the licensee for 25 years and commended their reliability and courteousness. They referred to their kind, respectful nature and how they feel their daughter is in safe hands when being driven by the licensee.

Members heard from the licensee in oral representations and read what they had said in their written accounts to the Licensing Department as contained in the committee reports pack. The licensee was supported at committee by a companion who is a passenger of theirs and had known the licensee for a long time.

The licensee disputed being rude or aggressive to their passengers. They were upset regarding the allegations of overcharging and explained to members their account in that regard. The licensee denied using their mobile phone whilst driving and indicated they would not drive whilst sleepy as this would be dangerous. They gave an account in writing regarding their work pattern and rest schedule which they confirmed orally to members today. In relation to the failure to report a speeding conviction within the requisite period, the licensee indicated in writing that they had paid the fine and requested a Speed Awareness Course and thought they did not have a conviction. In relation to the false declaration regarding the previous conviction on their renewal application form, the licensee indicated that the friend that helped them with completion of the form, had clicked the wrong button.

Between 2016 and 2023 the licensee had been contacted on 4 occasions by the Licensing Department for failures to comply with the terms of their licence including, displaying their private hire plates correctly, providing insurance certificates within the requisite period and a declaring a motoring conviction.

Members noted that the Licensing Department had been contacted on 5 occasions between 2017 and April 2025 by people sharing positive feedback regarding the licensee. For example, the licensee had returned lost phones and wallets to passengers. Furthermore, an email had been handed up to members today commending the licensee’s conduct as a licensed driver as being safe and reliable.

Members note that the licensee had been polite, co-operative and responsive in their dealings with the Licensing Department.  Members found the licensee to be honest and credible in their account before them today. They noted the support of the licensee’s companion who was in attendance at the Committee and their evidence that they had used the licensee as a driver “forever”, that he had never fallen asleep whilst driving them, had safely conveyed elderly family friends and their Mum and they described the licensee as hard working. 

The most serious passenger complaints against the licensee were in relation to sleepiness whilst driving, however, Members preferred the licensee’s account in that regard. They believed their account regarding their work pattern and rest schedule and that they would not endanger their life or others by driving whilst tired. Further weight was added to the licensee’s account by their companion who is a passenger of theirs and indicated orally to members that they had never experienced the licensee falling asleep whilst driving. In the light of this and the positive accounts regarding the licensee’s conduct, members conclude that the licensee is a fit and proper person to continue to hold their combined Hackney Carriage/Private Hire Driver’s licence. They note however, the matters on their file in relation to compliance with the requirements and conditions of their licences and issue a warning that:

1. They must ensure that they comply with all requirements, conditions and legal obligations upon them as a BANES licensed driver.
2. They must put measures in place to ensure that they comply with (i) above, which may involve seeking support from friends or family members, where required.

If the licensee is referred back to the Licensing Sub Committee following further non-compliance with the requirements of their licence they may be at risk of revocation of their licence. 

Members are sensitive to the accounts of racism that have been directed towards the licensee which they view seriously. They respect the licensee’s wish to deal with those matters however their feel appropriate but encourage them to report incidents of racism to the relevant authorities and, where applicable, to the Licensing Department in their dealings with them.