Agenda item

The Licensing Team have received information from Dorset Police in a witness statement which raised concerns about the conduct of a Licenced Hackney Carriage Driver who is also the proprietor of a Private Hire Vehicle. They consider that the information provided raises serious concerns in regard to the standard of behaviour expected of a licensed driver.

In addition the same named driver is linked to separate information submitted to the Licensing Team.

The Licensing Sub-Committee is asked to determine whether the driver remains ‘fit and proper ‘to hold a Hackney Carriage driver licence.

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:

Linda Cole – Legal Adviser to the Sub-Committee

Nananka Randle – Licensing Manager

Sarah Rogers – Senior Licensing Officer

Michelle Cutler – Clerk to the Sub Committee

Cllr Patrick Canavan – Observing for training purposes

The driver was in attendance.

The Chair made introductions and explained the procedure to be followed in considering this item, which was agreed by all parties present.

The Licensing Manager 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 allow them to continue to hold a Hackney Carriage 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 driver is not a ‘fit and proper person’ and there is reasonable cause to revoke his Hackney 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. 

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, and Nananka Randle, Licensing Manager. 

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 Trades (2018) and the guidance within the Department of Transport Statutory Taxi and Private Hire Vehicle Standards (updated November 2022). 

The Sub-Committee noted that Dorset Police shared a Police statement made by the driver regarding a separate ongoing investigation linked to county lines with the Licensing Department on 25^th March 2025, as the Police had serious concerns regarding his behaviour as a licensed driver.  

In that statement the driver stated that he gave out his phone number to customers that asked for it and he took private bookings.  

The Sub-Committee were very concerned about the circumstances described in the statement and that the driver, despite undertaking the ‘Blue Lamp Trust Safeguarding Awareness Training’ in 2023, which includes how to identify and report suspicious activity and to understand what is meant by child sexual and criminal exploitation, did not think that what he had become involved in or chose to ignore wassuspicious activity . The Sub-Committee was of the view that such actions put members of the public at risk and had serious concerns over the driver’s desire or ability to recognize vulnerable passengers and report suspicious activity. 

The Sub-Committee were also extremely concerned with the inconsistent answers provided by the driver to their questions, which contradicted the information he provided in his Police Statement. Such inconsistencies raise concerns about the character of the driver and whether he is an honest and suitable person to hold a Hackney Carriage Driver’s Licence. 

The driver does not hold a Private Hire Operators' Licence and admitted making private journeys not booked through an Operator, which is contrary to the requirements of Part II of the Local Government (Miscellaneous Provisions) Act 1976. He appeared to the Sub-Committee to have little regard that he should comply with the legislation. 

The driver also admitted to having a dashcam set up in his vehicle, which he claimed had been installed by his partner when he had been away on holiday. He advised that it had now been disabled. However, the Sub-Committee noted that he had not advised the Licensing Team or registered the installation with the Information Commissioners Office as required in the BCP Council Hackney Carriage and Private Hire Vehicle Policy, and when applying to renew his vehicle licence had ticked on the form that he did not have CCTV/Dashcam.  

The driver also advised during the hearing that he regularly removes his licence plate from his vehicle when other people are driving it. The Sub-Committee heard from the Licensing Manager that this should be permanently fixed to the vehicle and should not be removed. 

Having heard from the driver, the Sub-Committee questioned his honesty and his ability and inclination to operate as a licensed hackney carriage driver in accordance with the conditions attached to his licence and the legislation set out in Part II of the Local Government (Miscellaneous Provisions) Act 1976. They were not confident that he cared, or was aware, of the responsibilities that came with being a licensed driver and he showed no recognition or remorse for his actions. 

In considering the circumstances of the case the Sub-Committee reminded themselves that the licensing system is to protect the public who use Hackney Carriage and Private Hire Services, and any bar set when making any determination should be at the highest level. The Sub-Committee were mindful of paragraphs 1.4 and 3.16 of the Institute of Licencing Guidance and paragraphs 5.3 and 5.4 of the Statutory Taxi and Private Hire Vehicle Standards and concluded that the driver had fallen short of the ‘fit and proper’ standard and was a risk to public safety, and as such, agreed that his Hackney Carriage Drivers’ Licence with BCP Council should be revoked with immediate effect.  

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. 

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