Issue - meetings

The Licensing Sub-Committee is required to determine whether the driver remains a ‘fit and proper’ person to continue to hold a Private Hire 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 continue to hold a Hackney Carriage/Private Hire Driver's Licence and Vehicles 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 6 and the verbal submissions of Tania Jardim, Licensing Officer, BCP Council and the Driver, together with all responses to the questions asked of both parties,  the Sub-Committee is satisfied that the Driver remains a ‘fit and proper’ person to continue to hold a Private Hire Driver’s Licence.

However, the Sub-Committee has serious concerns regarding the Driver’s understanding of the required maintenance of his vehicle and driver conduct requirements. The Sub-Committee was not minded to revoke the licence or apply a period of suspension but resolved to issue the Driver a strict warning in the form of a written caution, in order to remind him of the seriousness of the matter brought before them and to remind him of his responsibilities and role as a taxi driver for BCP Council. The written caution is to permanently remain on record.

In reaching its decision the Sub-Committee took into consideration the written documents and information contained in Agenda Item 6; the BCP Council Hackney Carriage and Private Hire Driver Policy, the BCP Council Hackney Carriage and Private Hire Vehicle 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 has concerns over the Driver’s understanding of his responsibilities as a taxi driver.

The Sub-Committee wishes to remind the Driver of his responsibilities as a Private Hire Driver and the duty of care he has regarding public safety. Licensees are expected to demonstrate appropriate professional conduct at all times,  ...  view the full minutes text for item 40