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 present with a friend.
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.
RESOLVED that: the driver remains a ‘fit and proper’ person to continue to hold a Hackney Carriage/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.
Reasons for Decision:
The Sub-Committee considered all the information which had been submitted before the Hearing and contained in the Licensing Officer’s report for Agenda Item 8, as well as the verbal submissions made at the Hearing by all parties.
In considering the test of a ‘fit and proper person’, the Sub-Committee had regard to the BCP Council’s Hackney Carriage and Private Hire Driver Policy 2021 - 2025, the provisions 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 Trades (2018) and the guidance within the Department of Transport Statutory Taxi and Private Hire Vehicle Standards (updated November 2022).
In considering the BCP Criminal Convictions Guidelines as set out in the Hackney Carriage and Private Hire Policy, the Sub-Committee noted that anyone having this type of 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. They were mindful that their main consideration was public safety, and the Sub-Committee was confident that the driver would not be a risk to the travelling public if he retained his licence.
In view of this this the Sub-Committee determined he remained a ‘fit and proper person’ and was prepared to depart from the guidance set out in section 11 of Appendix C of BCP Council’s Hackney Carriage and Private Hire Driver Policy.