Decision details

This item was restricted by virtue of paragraphs 1 and 2 of Schedule 12A of the Local Government Act 1972.

Exempt information – Categories 1 (information relating to any individual) and 2 (information which is likely to reveal the identity of an individual).

From BCP Council:

Mary Almeida – Legal Adviser to the Sub-Committee

Michelle Fletcher – Licensing Officer

Rebekah Rhodes – Clerk to the Sub-Committee

Claire Johnston – Clerk to the Sub-Committee (observing)

The Applicant was also in attendance.

The Chair made introductions and explained the procedure to be followed in considering this item, which was agreed by all participating parties.

The Licensing Officer presented a report, a copy of which had been circulated to each Member and a copy of which appears as a non-public Appendix 'B' to these Minutes in the Minute Book.

The Sub Committee was asked to consider whether the driver remained a ‘fit and proper’ person to continue to hold a Hackney Carriage and Private Hire driver licence.  

The applicant addressed the Sub Committee to present their case.

The Sub-Committee asked various questions of all parties present and was grateful for the responses received.

All parties were invited to sum up before the Sub-Committee retired to make its decision. Before concluding the Hearing, the Council’s Legal Advisor advised all parties of the right of appeal.

RESOLVED that the applicant was not considered to be a ‘fit and proper’ person to continue holding a hackney carriage and/or private hire driver/operator Licence.

Reasons For Decision

Detailed reasons for the decision are outlined further in the exempt minute for this item. The Sub Committee concluded that the applicant was not a ‘fit and proper person’ to continue to hold a license and that it was appropriate to depart from the policy, that the applicant cannot continue with the renewal process to become a licensed Hackney Carriage driver.

The Sub-Committee took into consideration the written documents and information contained in Agenda Item 6; the BCP Council Private Hire and Hackney Carriage Conditions, Bylaws and Guidance, the BCP Private Hire and Hackney Carriage Policy, the provisions of the Local Government (Miscellaneous Provisions) Act 1976 and the Institute of Licensing (IOL) Guidance on determining the suitability of applicants and licensees in the hackney and private hire trades and the oral representations made at the Hearing on 18th June 2024.

Anyone aggrieved by the decision has the right of appeal to the Magistrates’ Court within a period of 21 days beginning with the day that the applicant is notified, in writing, of the decision.