Issue - meetings

Following information received via Dorset Police and the provision of a new Enhanced DBS the suitability of the licensed Hackney Carriage driver. The Driver is referred to determine if he remains ‘fit and proper’ to continue to be a licence holder.

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).

Attendance:

From BCP Council:

Nananka Randle – Licensing and Trading Standards Manager

Johanne McNamara - Legal Advisor

Michelle Cutler - Clerk to the Sub-Committee

Christiane Tan – Observing, Democratic Services

The Driver attended via phone, having already indicated that he would not be attending the hearing due to work commitments.

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 and Trading Standards Manager presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'C' to these Minutes in the Minute Book. 

The Licensing Team had received information in relation to a licensed driver that raised concerns on their suitability to remain a licensed driver. The Sub- Committee was asked to consider whether the driver remained a ‘fit and proper’ person to hold a hackney carriage and private hire driver licence.

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. 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. 

RESOLVED that the driver is no longer deemed to be a ‘fit and proper person’ to hold a hackney carriage and private hire driver 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).

Reasons for Decision:  

The Sub-Committee carefully 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 and Trading Standards Manager and the driver, and the responses given to questions. 

In considering whether the driver remained a ‘fit and proper person’, the Sub- Committee had regard to the BCP Council Hackney Carriage and Private Hire Driver Policy 2026 – 2031, the provisions of the Local Government (Miscellaneous Provisions) Act 1976, the Institute of Licensing (IOL) Guidance on determining the suitability of drivers and licensees in the hackney and private hire trades (2018), and the Department for Transport Statutory Taxi and Private Hire Vehicle Standards (updated November 2022).

The Sub Committee considered the following points:

Dorset Police contacted the Taxi Licensing Authority asking for information on the driver regarding an ongoing Police investigation.

A copy of the drivers new enhanced DBS check was circulated to all parties present at the hearing. The DBS check was clear; however, the Police had disclosed relevant information relating to concerns over the  ...  view the full minutes text for item 19