Agenda item

The Public Protection Officer (Licensing) introduced the report to the Sub-Committee. She explained that they were being asked to consider whether the licensee remains fit and proper to hold a combined Hackney Carriage/Private Hire Drivers licence issued by this authority, following a series of complaints having been made against them.

The licensee addressed the Sub-Committee. They said that they had been stupid, would not now answer back to anyone anymore and would keep their mouth shut.

Councillor Toby Simon suggested the licensee attempt to count to 10 before replying if they felt like they were becoming angry. He said the licensee should think carefully before responding to a customer or a member of the public.

Councillor Ann Morgan asked the licensee if they realise that the language they had used in the reported incidents was unacceptable.

The licensee replied that they would not answer back badly anymore.

The Chair asked the licensee about the complaint involving smoking in their licensed vehicle, on 14 June 2016. 

The licensee responded that it had been only once.

The Chair reminded the licensee that they represent the Council when carrying out their role. He said that he was concerned by their behaviour when dealing with a vulnerable passenger on 8th September 2022 and said that they should have been treated with more consideration. He said that the licensee could have checked with the Operator before entering into a dispute with the passenger.

The Chair asked the licensee if they felt that attendance of an anger management course would help.

The licensee replied that they felt that they would be calm with their passengers in the future.

The Chair asked the licensee if they would like to make a closing statement.

The licensee replied that they had nothing further to add.

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 complaints made against them regarding 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’s 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’s Policy and the Statutory taxi and private hire vehicle standards which provides the Fit and Proper person test as: “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 heard from the Licensee in oral representations and they had read the written explanations given by them in the agenda report pack.

Members considered the seven complaints against the Licensee, since they were first licensed. Members noted that the Licensee had received complaints from seven different people. The Licensee had shouted and been rude to passengers on previous occasions.

In oral representations, the Licensee said they had answered back, this had been stupid, they would try not to do this anymore. If a passenger were to swear at them, they will now not answer and will keep their mouth shut. The Licensee also said they would now go home if there were potential issues with speaking inappropriately to others.

In relation to the complaint on 14 June 2016 where the licensee was witnessed smoking in their licenced Private Hire Vehicle and then paid a Fixed Penalty Notice. Members requested further information from the licensee about this incident. The Licensee responded that smoking in their vehicle had been on one occasion. 

On 8th September 2022, a complaint was received alleging the licensee had shouted at a vulnerable passenger, used bad language and requested they exit the vehicle due to a dispute over payment. Members noted that the Licensee could consider various techniques for managing their behaviour and anger issues. For example, taking a 10 second break before responding to comments to work at keeping calm. 

Members also considered the Licensee’s previous referral to a Licensing Sub- Committee on 25 May 2017. At that Sub-Committee, the Licensee received a warning about their future conduct relating to speeding convictions and the fixed penalty notice. Members considered that the current referral to the Licensing Sub-Committee on 12 June 2025 was in relation to different circumstances, regarding complaints from members of the public about their behaviour.

The licensee confirmed to Members they would work on staying calm and would go home if there were potential issues with their behaviour.

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:

(i)  They must ensure that they comply with all requirements, conditions and legal obligations upon them as a BANES licensed driver;

(ii)  They must conduct themself with professionalism as an ambassador for BANES and be polite and considerate in all interactions as a BANES licensed driver.

If there are any further issues with their conduct and behaviour towards passengers, they will be referred back to the Licensing Sub-Committee and they are at risk of losing their licence by having it revoked.