Issue - meetings

To consider whether the driver is a ‘fit and proper’ person to continue with the application process to become the holder of a Hackney Carriage and/or Private Hire driver licence.

This matter is brought to the Licensing 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:

Wesley Freeman – Licensing Officer

Andy McDiarmid – Legal Advisor to the Sub-Committee

Michelle Cutler – Clerk to the Sub-Committee

The applicant driver was in attendance and accompanied by a friend for support.

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 for a new Hackney Carriage/Private Hire 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 and/or Private Hire Driver’s Licence.?? 

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Reason for Decision:??? 

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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 Wesley Freeman, Licensing Officer.??? 

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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 Industry (2024) and the guidance within the Department of Transport Statutory Taxi and Private Hire Vehicle Standards (updated November 2022).??? 

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In making its decision the Sub-Committee considered the evidence submitted by Dorset Police regarding an incident which occurred in Poole on 27 October 2024, where the applicant driver was subsequently arrested.

The applicant driver was bailed, and no further action was taken by the Police. The Sub-Committee note that despite this outcome, Dorset Police have serious concerns about the applicant having a taxi licence as the account he gave of the incident when being interviewed raised concerns about how he handled the situation of having a vulnerable female in his taxi.?? 

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The Sub-Committee noted that the applicant had failed to notify BCP Council of his arrest in line with Appendix A, paragraph 7 of the BCP Hackney Carriage and Private Hire  ...  view the full minutes text for item 91

To consider whether the driver is a ‘fit and proper’ person to continue with the application process to become the holder of a Hackney Carriage and/or Private Hire driver licence.

This matter is brought to the Licenisng Sub Committee for determination.

The Sub Committee was asked to defer this item to a future meeting as the Chair requested not to participate in this case.

RESOLVED that this item be deferred to a future meeting.