The Licensing Sub-Committee is asked to determine whether the driver remains a ‘fit and proper’ person to continue to hold a Hackney Carriage and Private Hire driver licence.
Minutes:
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 Manager
Trudi Barlow – Licensing Officer
Linda Cole – Legal Advisor to the Sub-Committee
Michelle Cutler – Clerk to the Sub-Committee
The Applicant was also present.
The Chair made introductions and explained the procedure to be followed in considering this item, which was agreed by all participating parties.
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, together with supplementary information provided by the Applicant, a copy of which appears as Appendix ‘C’ 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 hackney carriage/private hire drivers licence in light of the issues raised in the report.
The Applicant addressed the Sub-Committee to present their case.
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 driver was not a ‘fit and proper person’ and there is reasonable cause to revoke the drivers Public Carriage Driver’s Licence with immediate effect in accordance with section 61(2B) Local Government (Miscellaneous Provisions) Act 1976 in the interests of public safety.
Reasons for Decision:
The Sub-Committee considered all of the information which had been submitted before the Hearing and contained in the Licensing Officer’s report for Agenda Item 9, as well as the verbal submissions made at the Hearing by the driver.
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 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 Trades (2018) and the guidance within the Department of Transport Statutory Taxi and Private Hire Vehicle Standards (July 2020).
The Sub-Committee found no reason to depart from its own Hackney Carriage and Private Hire Driver Policy which sets out in section 11 of Appendix C of the Policy, that anyone having a drinking conviction would normally be refused a Hackney Carriage and Private Hire Driver’s licence until a period of 5 years have passed since the reinstatement of their DVLA driver’s licence.
In addition, they noted the Institute of Licensing guidance, at paragraph 4.40, states that with regard to drink driving ‘Where an applicant has a conviction for drink driving or driving under the influence of drugs, a licence will not be granted until at least 7 years have elapsed since the completion of any sentence or driving ban imposed’.
Having considered the circumstances of the case, the Sub-Committee concluded that the driver was no longer a ‘fit and proper person’ to hold a Hackney Carriage/Private Hire Driver’s Licence and his licence should be revoked immediately in the interests of public safety.
Anyone aggrieved by this decision has the right of appeal to the Magistrates’ Court within a period of 21 days beginning with the day that the applicant is notified, in writing, of the decision.