Issue - meetings

The Licensing Sub-Committee is required to determine whether the driver remains a ‘fit and proper’ person to continue to hold a Hackney Carriage/Private Hire Driver’s Licence and Vehicle 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 Chair 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:

Wesley Freeman – Licensing Officer

Johanne McNamara – Legal Advisor to the Sub-Committee

Joseph Tyler – Democratic Services Officer and 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 'B' to these Minutes in the Minute Book.

Councillors were asked to decide whether the Driver was a ‘fit and proper’ person to hold a Private Hire and Hackney Carriage 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 6 and the verbal submissions of Wesley Freeman, Licensing Officer, BCP Council and the Driver, together with all responses to the questions asked of both parties, the Sub-Committee agreed that the Driver remained a ‘fit and proper’ person to continue to hold a Hackney Carriage and Private Hire Driver’s Licence.

In making their decision, the Sub-Committee noted the Driver had shown honesty and remorse, taking action by removing himself from the situation in his personal life that had caused the issues with his licence. Furthermore, the Sub-Committee acknowledged that there had been no complaints or reported incidents from any passengers or members of the public.

The Sub-Committee did have concerns about the Driver’s failure to notify the Licensing Authority of his arrests and conviction as well as the nature of a specific conviction dated February 2021.Therefore, the Sub-Committee resolved to issue the Driver with a strict warning in the form of a written caution regarding his conduct and the failure to notify the Licensing Authority of his conviction, as required within the Taxi Policy and Licenses.

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 25 November 2021

Right of Appeal

All parties to the application have the right to Appeal to the Magistrates Court within the  ...  view the full minutes text for item 6