Agenda item

The Public Protection Officer (Licensing) introduced the report to the Sub-Committee. He 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.

The licensee addressed the Sub-Committee and stated that the reason for the late submission of their MOT certificate in September 2025 was due to being on holiday. They apologised and said that they were not very computer literate and that they would normally ask their company to forward documents to Licensing.

The licensee stated that they would do their best to submit their documents on time this coming year.

Councillor Toby Simon suggested that as an MOT could be carried out a month before expiry this could be done prior to going on holiday if the licensee had similar plans for later in the year.

The licensee explained that they had no previous issues when they had been able to submit documentation in person. They thanked the Sub-Committee for listening to them today.

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 failures to comply with the conditions of their Private Hire Vehicle Licence relating to MOT certificates. 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 heard from the licensee in oral representations who indicated that they went away for the whole of September last year which is why they did not get their MOT certificate in in time. They indicated that they struggle with IT and did not used to have any issues when they could deliver certificates by hand. They said that they normally ask their operator to send paperwork in for them now. They will ensure that they get the paperwork in on time this year and they plan to retire after this. They indicated that they enjoy the job.

Members noted that compliance with the conditions relating to MOT certificates is vital so that the Council can be assured that the safety of the public when travelling in a BANES licensed vehicle is not compromised. Indeed, compliance with all licence conditions is of the utmost importance.

Members noted that the licensee had held their licence with BANES for nearly 26 years and during that time there had been no complaints from members of the public in relation to their conduct.

On balance, Members find that the licensee is a fit and proper person to continue to hold their combined Hackney Carriage/Private Hire Driver’s Licence, but they issue a warning to the licensee that:

1. They must comply with the conditions on their licences as they are an important safeguard to ensure the safety of the travelling public.
2. They must re-read and understand the conditions on their licences.
3. They must set up arrangements which will ensure that they comply with all the obligations of their licences.

If they come before the Licensing Sub-Committee again, against this background, there is a risk of revocation of their licence.