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, having been convicted of three minor traffic offences within a thirteen month period.

The licensee addressed the Sub-Committee and explained that when they began the role they were driving a vehicle which was more powerful than they had previously been used to.

They said that the speed limiter is always now on within their vehicle and that they do their upmost to stay within the limits. They said that they also know the consequences of potentially losing their driving licence if found guilty of any further offences.

The Chair asked if any passengers were present in their vehicle during any of the three offences.

The licensee replied that a passenger was only in their vehicle during one of the offences in March 2025. They added that the passenger had asked for their destination to change which had put them under some pressure to get there on time.

The Chair asked for confirmation of when the points on the licensee’s driver’s license would be removed / expire.

The Public Protection Officer (Licensing) replied that this was to be on 28^th February 2027.

Councillor Toby Simon asked the licensee what type of vehicle they are driving currently.

The licensee replied that it was a Mercedes E Class 220. They reiterated that they drive with the speed limiter on and were able to reset it when travelling through any temporary speed restrictions.

Following further questioning from Councillor Simon the licensee gave details of where they had been driving when the offences had occurred.

Councillor Ann Morgan asked the licensee how they would act now if a passenger asked them to change their destination at short notice.

The licensee replied that they would explain to the passenger that depending on the distance involved in the change of destination that they would likely be late as they would in no way be driving faster than allowed.

When offered the chance to make a summing up statement the licensee replied that they had nothing further to say.

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 light of motoring convictions they received in 2024 and 2025. 

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 noted that the Licensee had received three minor motoring convictions for speeding offences on their DVLA licence, in a thirteen month period. This was contrary to BANES’ policy which expects that licensees will not have been convicted of three or more minor motoring offences during the previous three years.

Members considered the speeding offences received by the licensee and the points added to their DVLA licence.

In oral representations, the licensee confirmed that when they started this job, they had purchased a new car and were familiarizing themselves with getting used to the speed and power of their car.

The licensee now applies limits to their speed monitor and does their utmost to not be over the limit. They can reset the limiter, if temporary speed limits are in place on roads. If they were to receive another speeding offence, they would lose their job and their licence. They are towing the line and apologized that they did not take action earlier on. 

The licensee confirmed they were working as a taxi driver during the speeding offence in March 2025 and they had a passenger in their taxi. The passenger had changed their drop off location, were running late and the licensee had been speeding on the motorway.

The licensee confirmed that in the future, if a passenger was running late, they would drop them off late at their destination.

Members noted that the licensee’s DVLA driving licence is endorsed with 9 penalty points and that is a significant deterrent to the Licensee in relation to their future conduct.

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)  It is very important that they comply with all relevant road traffic law;

(ii)  They are reminded of the Council’s Policy on Hackney Carriage and Private Hire Licensing Standards for drivers, vehicles and operators, this includes the policy relating to previous convictions and cautions in relation to fitness to hold licences, it states “Where sufficient penalty points have been endorsed on an applicant’s driving licence requiring a period of disqualification from holding or obtaining a driving licence the Council would expect a period of at least six months should have elapsed before the restoration of the combined Hackney Carriage/Private Hire driving licence;”

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

If there are any further issues against this background, they will be referred back to the Licensing Sub-Committee and they are at risk of losing their licence by having it revoked.