Agenda and draft minutes

To elect a Chair of this meeting of the Licensing Sub-Committee.

RESOLVED that Councillor Flagg be elected Chairman of the Sub-Committee for the duration of the meeting.

Voting: Unanimous

To receive any apologies for absence from Members.

There were no apologies for absence.

Councillors are requested to declare any interests on items included in this agenda. Please refer to the workflow on the preceding page for guidance.

Declarations received will be reported at the meeting.

There were no declarations of interest.

The protocol for public speaking at Licensing Sub Committee hearings is included with the agenda sheet for noting.

The protocol for public speaking was noted.

In relation to the items of business appearing below, the Committee is asked to consider the following resolution: -

‘That under Section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Paragraphs 1 and 2 in Part I of Schedule 12A of the Act and that the public interest in withholding the information outweighs such interest in disclosing the information.’

RESOLVED that under Section 100 (A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Paragraphs 1 and 2 in Part I of Schedule 12A of the Act and that the public interest in withholding the information outweighs such interest in disclosing the information.

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.?? 

?? 

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 Wesley Freeman, 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 Industry (2024) 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 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.?? 

? 

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 remains a ‘fit and proper’ person to hold a 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:

Michelle Fletcher – Licensing Officer

Wesley Freeman – Licensing Officer

Andy McDiarmid – Legal Advisor to the Sub-Committee

Michelle Cutler – Clerk to the Sub-Committee

The 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 'B' 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 continue to hold a Private Hire 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.

It was RESOLVED that the driver, is a ‘fit and proper person’ to continue to hold a Private Hire Driver’s Licence, however it is the Sub-Committee’s decision that the driver receives a written caution which will remain on his file.?? 

?? 

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 7, along with the verbal submissions made at the Hearing by the driver, Michelle Fletcher, Licensing Officer and Wesley Freeman, 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 Industry (2024) and the guidance within the Department of Transport Statutory Taxi and Private Hire Vehicle Standards (updated November 2022).??? 

? 

The Sub-Committee heard from Michelle Fletcher, Licensing Officer, that the Licensing Authority had conducted a thorough investigation into the driver following multiple complaints and repeated non-compliance with driver conditions, but that the driver had never been deemed by the Licensing Authority to pose an imminent risk to public safety. The Licensing Officer explained that although each incident appeared minor in isolation, collectively they revealed a concerning pattern of non-compliance regarding the standard of driving and several failures to comply with his driver licence conditions and instructions issued by the Licensing Authority, which had placed an unnecessary burden on licensing officers and raised serious public safety concerns. Issues included submission of incorrect or incomplete  ...  view the full minutes text for item 92.