Consideration of Suitability for a new Private Hire Driver Applicant
The Sub-Committee is asked to determine whether the applicant is considered a ‘fit and proper’ person to hold a Private Hire Driver’s Licence.
Additional documents:
Minutes:
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).
The Chair made introductions and explained the procedure to be followed in considering this item, which was agreed by all participating parties.
Attendance:
From BCP Council:
Wesley Freemman– Licensing Officer
Johanne McNamara – Legal Advisor to the Sub-Committee
Michelle Cutler – Clerk to the Sub-Committee
The Driver was also in attendance.
The Licensing Manager presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'A' to these Minutes in the Minute Book.
Councillors were asked to decide whether the applicant was a ‘fit and proper’ person to hold a Private Hire Driver’s licence.
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 Legal Advisor advised all parties of the right of appeal.
RESOLVED that having considered the written report of the Licensing Officer and the verbal submissions and responses to questions provided at the hearing by all parties and having regard to the BCP Hackney Carriage and Private Hire Driver Policy and the relevant guidance documents issued by the Institute of Licensing (IOL) and the Department of Transport, the Sub-Committee have decided that the applicant is a not a ‘fit and proper’ person to hold a private hire drivers licence at this time.
Reason for the Decision
Section 11.2 of the BCP Taxi policy states that there should be a 3-year period free from convictions from the restoration of the DVLA licence and the Sub-Committee notes the applicants DVLA licence was restored in August 2020, so the 3-year time period falls short of 1 year. The Sub-Committee did not feel that there was any reason present to justify departing from the Policy.
The Sub-Committee also note the guidance issued by the Institute of Licensing ‘Guidance on determining the suitability of applicants and licensees in the hackney and private hire trades’ at section 4.39, which states that Hackney carriage and private hire drivers are professional drivers charged with the responsibility of carrying the public. Any motoring conviction demonstrates a lack of professionalism and will be considered seriously. It is accepted that offences can be committed unintentionally, and a single occurrence of a minor traffic offence would not prohibit the grant of a licence or may not result in action against an existing licence. However, subsequent convictions reinforce the fact that the licensee does not take their professional responsibilities seriously and is therefore not a safe and suitable person to be granted a licence or retain a licence.
Right of Appeal
All parties to the application have the right to Appeal to the Magistrates Court within the period of ... view the full minutes text for item 42