Issue - meetings

To consider the suitability of a new driver applicant to become a licenced driver.

This matter is brought before the Sub-Committee for determination.

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:

Michelle Fletcher – Licensing Officer

Johanne McNamara – Legal Adviser to the Sub-Committee

Nananka Randle – Licensing Manager (present on Microsoft Teams)

Sarah Rogers – Senior Licensing Officer

Michelle Cutler – Clerk to the Sub Committee

Rebekah Rhodes – Democratic Services, providing technical assistance

Christiane Tan – Democratic Services – Observing for training purposes

Cllrs Bartlett, Canavan, Farquhar and Richardson – Observing for training purposes

The applicant driver was in attendance, with a friend for support.

Prior to the start the hearing, the applicant driver advised that he had not been able to open the email attachment, which contained a copy of the agenda, report and appendices. The applicant driver was provided with a hard copy of all paperwork.

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 '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 their application to hold a Public Carriage Drivers Licence for BCP Council.

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.

The Sub-Committee RESOLVED that the applicant driver is not a ‘fit and proper person’ to continue with his application to hold a Hackney Carriage or Private Hire Driver’s Licence.

Reason for Decision: 

The Sub-Committee considered all the information which had been submitted before the Hearing and contained in the report for Agenda Item 6, along with the verbal submissions made at the Hearing by the applicant driver, his friend in support of his application and Michelle Fletcher, Licensing Officer. 

In considering the test of a ‘fit and proper person’, the Sub-Committee also had regard to the BCP Council’s Hackney Carriage and Private Hire Driver Policy 2021 - 2025, the provisions of Part II 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 making its decision the Sub-Committee considered the evidence submitted by various statutory agencies including Dorset Police, Adult Social Care and Licensing Officers.

The Sub-Committee was of the view that the applicant driver had previously  ...  view the full minutes text for item 24