Agenda and draft minutes

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

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

Voting: Unanimous

To receive any apologies for absence from Members.

Apologies received by Councillor Pankhurst and Howell.

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.

The Licensing Team has received information in relation to a

currently licensed driver that raises concerns on his suitability to

meet the ‘fit and proper’ criteria to remain a licensed driver.

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

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:

Trudi Barlow – Licensing Officer

Michelle Fletcher – Licensing Officer

Linda Cole – Legal Advisor to the sub-committee

Christiane Tan - Clerk to the sub-committee

Michelle Cutler – Democratic Services support

The driver was in attendance unaccompanied. 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 Licensing Team had received information in relation to a currently 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 license.

The Sub-Committee asked various questions of the driver and officers present and was grateful for the responses received.

The Licensing Officer was invited to sum up before the Sub-Committee retired to make its decision. Before concluding the hearing, the Legal Advisor advised of the right of appeal.

RESOLVED that the driver remains a ‘fit and proper person’ to hold a private hire driver’s licence. However, the Sub-Committee, raised concerns regarding the driver’s apparent lack of diligence and considered that he had not demonstrated a proper appreciation of the responsibilities associated with being a licensed driver.

Considering these concerns, the Sub?Committee determined that it was appropriate to issue a formal caution. The Sub?Committee was particularly disappointed that the driver was not fully aware of the requirements set out in the Hackney Carriage and Private Hire Driver Policy and that he admitted he had not read the revised policy issued to all drivers in January 2026.

The Sub?Committee expects the driver to read and fully understand the policy and to ensure that he is aware of, and complies with, all information and responsibilities that apply to him as a private hire driver. Specifically, section 11 (Medicals), which clearly states that failure to submit a completed medical certificate by the due date will result in the suspension of a driver’s licence.

Reason for decision:

The Sub?Committee considered all the information submitted prior to the hearing, as contained in the Licensing Officer’s report for Agenda Item 6, together with the verbal submissions made at the hearing by all parties, including the responses provided by the driver to questions from the Sub?Committee.

In considering whether the driver was a ‘fit and proper person’, the Sub?Committee had regard to the BCP Council Hackney Carriage and Private Hire Driver Policy, the provisions of the Local Government (Miscellaneous Provisions) Act 1976, the Institute of Licensing  ...  view the full minutes text for item 6.

The Drivers Licence has been surrendered by the driver, however, not accepted by BCP Council.

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

This item was restricted by virtue of paragraphs 1, 2 and 7 of Schedule 12A of the Local Government Act 1972.

Exempt information – Categories 1 (information relating to any individual), 2 (information which is likely to reveal the identity of an individual) and 7 (information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime).

Attendance:

From BCP Council:

Michelle Fletcher – Licensing Officer

Trudi Barlow – Licensing Officer

Linda Cole – Legal Advisor

Christiane Tan – Clerk to the Sub Committee

Michelle Cutler – Democratic Services support

The driver was not present, having already been made aware that the hearing would proceed in their absence.

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. It was presented to the sub-committee that the applicant held three licences issued by BCP Council up until 28th January 2026, a Private Hire Driver Licence, a Private Hire Vehicle Licence, and a Private Hire Operator Licence in partnership with his brother. Recently, this individual sought to voluntarily surrender all three licences. BCP Council accepted the surrendering of the vehicle licence and the instruction that the operator is no longer in business and closed each of these records. The driver’s licence was surrendered by the driver however it was not accepted by BCP Council to date as it was considered that this attempted surrender was motivated by a desire to avoid or disrupt ongoing or potential investigations into recent licence breaches. If the surrendering of the licence had been accepted, this would have prevented BCP Council from concluding their inquiries and taking any appropriate formal regulatory action such as adding the driver to the National Register of Refusals and Revocations.

In the driver’s absence, the Sub-Committee considered the case based on the written information presented in the report. The Sub Committee asked various questions of the officers present and was grateful for the responses received.

The Licensing Officer was invited to sum up before the Sub-Committee retired to make its decision. Before concluding the hearing, the Legal Advisor advised of the right of appeal.

RESOLVED that the driver is no longer deemed to be a ‘fit and proper person’ to hold a 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 7. 

The Sub-Committee also considered the verbal submissions made at the hearing by the Licensing Officer and the responses given to questions. The driver did not attend the  ...  view the full minutes text for item 7.