Consideration of the continued suitability of a Hackney Carriage Driver in the Bournemouth Zone
The Licensing Sub-Committee is asked to determine whether the driver remains ‘fit and proper’ to hold a Bournemouth Zone Hackney Carriage driver 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).
Present:
From BCP Council:
Johanne McNamara – Legal Adviser to the Sub-Committee
Wesley Freeman – Passenger Transport Co-ordinator
Michelle Cutler – Clerk to the Sub Committee
The driver was not in attendance.
The Chair made introductions and explained the procedure to be followed in considering this item, which was agreed by all parties present.
The Licensing Officer presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'B' to these Minutes in the Minute Book.
The Sub Committee was asked to consider whether the applicant was deemed to be a ‘fit and proper’ person to allow them to continue to hold a hackney carriage drivers licence in the Bournemouth Zone.
The Sub Committee asked various questions of the Passenger Transport Co-ordinator and was grateful for the responses received.
The Passenger Transport Co-ordinator was 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 driver, is not considered to be a ‘fit and proper’ person to continue to hold a hackney carriage drivers’ licencefor BCP Council and that his hackney carriage licence be revoked with immediate effect.
Reason for Decision:
The Sub-Committee gave detailed consideration to all of the information which had been submitted before the hearing and contained in the Passenger Transport Co-ordinators report for Agenda Item 8, along with the verbal submissions made at the hearing by Wesley Freeman, Passenger Transport Co-ordinator.
The driver was not present at the hearing.
In considering the test of a ‘fit and proper person’, the Sub Committee had regard to the BCP Council Hackney Carriage and Private Hire Driver Policy 2021 - 2025, the provisions of the Local Government (Miscellaneous Provisions) Act 1976, the Institute of Licensing (IOL) Guidance on determining the suitability of applicants and licensees in the hackney and private hire trades (2018) and the guidance within the Department of Transport Statutory Taxi and Private Hire Vehicle Standards (updated November 2022).
In considering the circumstances of the case the Sub Committee was mindful that the driver showed no recognition or response for his actions in the paperwork that he had submitted in advance of the hearing, which was of notable concern.
The Sub Committee concluded that the applicant was not a ‘fit and proper person to continue to hold a Hackney Carriage drivers’ licence with BCP Council and as such, agreed that his licence be revoked with immediate effect due his repeated pattern of past behaviour towards passengers.
Anyone aggrieved by this decision has the right of appeal to the Magistrates’ Court within a period of 21 days beginning with the day that the ... view the full minutes text for item 61