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 applicant should be granted a combined Hackney Carriage/Private Hire Drivers licence.

She shared the applicant’s Disclosure and Barring Service (DBS) Certificate alongside their account of the circumstances surrounding the convictions with the Sub-Committee.

The Chair asked for the meeting to pause for a brief period of time to allow the Sub-Committee to read the information they had been given. The applicant and the Public Protection Officer (Licensing) left the meeting room while this took place.

When the meeting resumed the applicant addressed the Sub-Committee. They explained that a long time had passed since the incidents had taken place and that they were a very different person 50 years ago.

The Chair referred to the incident of violence from 1995 and asked the applicant how they would react now to any form of argument / disagreement.

The applicant replied that this had been a one off incident, that they were a level headed character and did not have any anger management issues.

Councillor Toby Simon asked the applicant about their previous employment.

The applicant replied that they had been a director of a company for around 12 years.

The Lawyer (Regulatory & Prosecution) asked the applicant what they would do if any items belonging to passengers were left within their vehicle.

The applicant replied that they would either attempt to return it to the customer or hand it into the Police.

The applicant, in their closing statement, asked the Sub-Committee to take into account the time since the offences had occurred.

Decision & Reasons

Members have had to consider an application for a new combined Hackney Carriage/Private Hire Driver’s licence made to BANES on 24th March 2025. DBS check results and a review of the applicant’s DBS certificate disclosed three previous convictions. In accordance with the BANES policy on previous convictions, cautions, fixed penalty notices, this application was subsequently referred to the Licensing Sub-Committee for determination.

The applicant was requested to attend a Licensing Sub-Committee meeting on 12/06/2025. The applicant responded to the Licensing Officer’s request for confirmation on whether they would attend the meeting, to confirm they could not go to the meeting. The reason provided was that they had started a new job and would be attending a training course. At the Licensing Sub-Committee Meeting on 12/06/2025, Members deferred the applicant’s hearing until 26/06/2025.

In considering this application, Members have taken 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’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 noted that the applicant had three historic convictions. Two were dishonesty/theft related from 1976 and 1992 and one from 1995 was for an offence against the person. Members further noted that the applicant had remained conviction free for the period anticipated in the Policy.

Members had read the written correspondence provided by the applicant in the agenda report pack.

Members have had regard to two emails sent by the applicant on 06/05/2025, subsequent to the report pack, which comprised further information about the three convictions. In the emails, the applicant referred to the long passage of time without any further convictions and that they had made genuine and lasting changes to their life. In reference to the dishonesty/theft offences, they made a regrettable mistake, had not repeated this behaviour and acted to rebuild their life following the convictions. Regarding the offence against the person, they had complied with the court order and had no further convictions. The applicant submitted that since then, they have not had a history of reoffending or shown behaviour that could suggest risk to passengers or the public.

Members have heard the applicant’s oral representations, they confirmed they were 14 years old at the first offence and are now approaching 65 years old. They are a member of the community, complete charity work and have a lot of driving experience.

The applicant gave evidence of subsequent activities, both in employment and charity work.

The applicant confirmed the offence against the person was a one off incident, they are now a level headed character and have no anger management issues.

The applicant requested that members account for the passage of time following the convictions.

The applicant submitted they have previously acted as a director of a company, responsible for funds and projects, and would not have issues with returning lost property to passengers or to the police.

The applicant must ensure that they comply with all requirements, conditions and legal obligations upon them as a BANES licensed driver.

Taking into account the Policy, the passage of time since the applicant’s convictions and their account that they had changed their life, Members were fully satisfied that the applicant is a fit and proper person to hold a Combined Hackney Carriage/Private Hire Driver’s licence and delegate authority to the Licensing Department to grant the licence subject to the satisfactory completion of the remainder of the application process.