Consideration of the suitability of an individual to become a Hackney Carriage and/or a Private Hire Driver
The Licensing Sub-Committee is asked to consider whether the applicant for a Hackney Carriage/Private Hire driver licence is a ‘fit and proper’ person to be able to continue to the next stage of the application process.
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).
From BCP Council:
Johanne McNamara – Legal Adviser to the Sub-Committee
Trudi Barlow – Licensing Officer
Rebekah Rhodes – Clerk to the Sub-Committee
The Applicant was also in attendance.
The Chair made introductions and explained the procedure to be followed in considering this item, which was agreed by all participating parties.
The Licensing Officer 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.
The Sub Committee was asked to consider whether the applicant was deemed to be a ‘fit and proper’ person to allow them to continue with the application process for a hackney carriage/private hire drivers licence.
The applicant addressed the Sub Committee to present their case.
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 Council’s Legal Advisor advised all parties of the right of appeal.
RESOLVED that the applicant is considered to be a ‘fit and proper’ person to continue with the application process to become a licenced hackney carriage and/or private hire driver.
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 Licensing Officer’s report for Agenda Item 6 and the verbal submissions made at the hearing by all parties, including the responses provided by the applicant to questions from the Sub Committee.
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).
Having considered the circumstances of the case, the Sub Committee concluded that the applicant is a ‘fit and proper person’, so that the applicant should be able to continue with the application process to become a licensed Hackney Carriage/Private Hire driver.
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 applicant is notified, in writing, of the decision.