Issue - meetings

The Licensing Sub-Committee is asked to determine whether the applicant is considered a ‘fit and proper’ person to hold a Public Carriage Driver’s Licence.

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 Chairman explained the protocol detailing the procedures of the meeting as attached to the Agenda and asked that it be agreed.  All participating parties agreed the procedure.

Attendance:

From BCP Council:

Tania Jardim – Licensing Officer

Linda Cole – Legal Advisor to the Sub-Committee

Michelle Cutler – Democratic Services Officer and Clerk to the Sub-Committee

The Driver was also in attendance.

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.

Councillors were asked to decide whether the applicant was a ‘fit and proper’ person to hold a Hackney Carriage and/or 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.

It was RESOLVED that having considered the written report at Agenda Item 5 and the verbal submissions of Tania Jardim, Licensing Officer, BCP Council and the Applicant, together with all responses to the questions asked of both parties, the Sub-Committee is satisfied that, the Applicant is a ‘fit and proper’ person to hold a Public Carriage Driver’s Licence.

However, the Sub-Committee has concerns regarding the Applicant’s understanding of the responsibilities of a taxi driver and wish to remind the Applicant that in future, all convictions must be disclosed.

The Sub-Committee took into consideration the written documents and information contained in Agenda Item 5; 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 10^th November 2021. 

Reason for the Decision

The Sub-Committee wish to remind the Applicant that failing to report a conviction is a serious matter, however, the Sub-Committee feel that the Applicant’s failure to disclose, when applying for a Public Carriage Driver’s Licence was a genuine mistake and is therefore prepared to give him the benefit of the doubt.

The Sub-Committee is minded to depart from the general position, as set out in the BCP Private Hire and Hackney Carriage Drivers Policy, on this occasion due to believing the offence was unintentional and arrived from the Applicant’s lack of knowledge, however, a strict warning is being issued to the Applicant that it is imperative that he understands the importance of declaring all convictions in future, as convictions as a  ...  view the full minutes text for item 39