Issue - meetings

The Licensing Sub-Committee is asked to determine whether the individual remains a ‘fit and proper’ person to continue to hold a Private Hire driver, Operator and Vehicle Licence.

This matter is brought before 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:

Michelle Fletcher – Licensing Officer

Wesley Freeman – Licensing Officer

Linda Cole – Legal Advisor to the Sub-Committee

Michelle Cutler – Clerk to the Sub-Committee

The driver was in attendance, represented by a solicitor. A trainee solicitor was also in attendance. The driver was accompanied by a friend for moral 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 'B' to these Minutes in the Minute Book.

The Sub-Committee was asked to consider whether the individual remained a ‘fit and proper’ person to continue to hold a Private Hire Driver, Operator and Vehicle Licence following a recent driver complaint which led to an investigation into alleged non-compliance issues with all three licences.

The Sub-Committee asked various questions of all parties present and were grateful for the responses received. All parties had the opportunity to ask questions.

The Sub-Committee adjourned briefly at the request of the driver’s solicitor as during the hearing, new information had come to light that the solicitor was not aware of.

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 driver,?is no longer a ‘fit and proper’ person to hold a Private Hire Driver’s Licence and that the licence be revoked with immediate effect under Section 61(2B) of the Local Government (Miscellaneous Provisions) Act 1976 in the interests of public safety. 

The Sub-Committee further determines that?the driver is not a ‘fit and proper’ person to hold a Private Hire Vehicle Licence and that licence be revoked under Section 60 of the Local Government (Miscellaneous Provisions) Act 1976 due to his failure to comply with statutory requirements or licence conditions. 

The Sub-Committee also resolved to revoke?the driver’s Private Hire Operator Licence under Section 62 of the Local Government (Miscellaneous Provisions) Act 1976 due to his failure to comply with mandatory conditions and because he is no longer being deemed to be a ‘fit and proper’ person to hold such a licence. 

Reasons?for Decision:?

? 

The Sub-Committee?considered?all the written information which had been?submitted?before?the hearing and contained in?the Licensing Officer’s report?for Agenda Item?8.? 

The Sub-Committee also considered?the verbal submissions made at?the hearing by?the Licensing Officers, Michelle Fletcher and Wesley Freeman,?the driver and the Solicitor?representing?the driver. 

In considering?the?test?of whether the driver is a ‘fit and proper’ person, the  ...  view the full minutes text for item 149