Agenda item

To consider the suitability of a new driver applicant to become a licenced driver.

This matter is brought before the 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

Johanne McNamara – Legal Adviser to the Sub-Committee

Nananka Randle – Licensing Manager (present on Microsoft Teams)

Sarah Rogers – Senior Licensing Officer

Michelle Cutler – Clerk to the Sub Committee

Rebekah Rhodes – Democratic Services, providing technical assistance

Christiane Tan – Democratic Services – Observing for training purposes

Cllrs Bartlett, Canavan, Farquhar and Richardson – Observing for training purposes

The applicant driver was in attendance, with a friend for support.

Prior to the start the hearing, the applicant driver advised that he had not been able to open the email attachment, which contained a copy of the agenda, report and appendices. The applicant driver was provided with a hard copy of all paperwork.

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 to hold a Public 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 applicant driver is not a ‘fit and proper person’ to continue with his application to hold a Hackney Carriage 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 Michelle Fletcher, 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 Trades (2018) 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 various statutory agencies including Dorset Police, Adult Social Care and Licensing Officers.

The Sub-Committee was of the view that the applicant driver had previously overstepped the professional boundaries in his role as a licensed taxi driver and that he was either unaware of his responsibilities as a licensed driver or had simply chosen to disregard them.

Emails between the applicant driver and the BCP Licensing Service showed that he was unrepentant for his previous actions. The Sub-Committee was not convinced that the applicant driver had learnt what is and isn’t acceptable behaviour for a licensed taxi driver and that he displayed a lack of insight regarding his actions in the past.

The Sub-Committee also noted that the applicant driver had failed to notify the Licensing Service of a change to his medical status. He had also previously failed to declare involvement with police as required by his driver conditions.

The Sub-Committee also noted the applicant driver’s enhanced DSB Certificate history and his failure to notify the Licensing Service of a change to the status of his Certificate. The Sub-Committee had regard to the information provided by the Police on the new Certificate.

The BCP Council Hackney Carriage and Private Hire Driver Policy 2021-2025, Chapter 8 sets out the ‘Fit and Proper Person’ test and in particular section 8.13 ‘The Licensing Authority will consider all criminal history, unacceptable behaviour and conduct, irrespective of whether the specific history, behaviour or conduct occurred whilst drivers were directly engaged in Private Hire or Hackney Carriage work at the time or whether they occurred during the driver’s own personal time’.

Having heard from the applicant driver, the Sub-Committee questioned his honesty and his ability and inclination to operate as a licensed driver in accordance with the conditions attached to a licence and the legislation set out in Part II of the Local Government (Miscellaneous Provisions) Act 1976.

They are not confident that he is aware of the responsibilities that come with being a licensed driver. In addition, it was felt that his past behaviors showed little regard for safeguarding vulnerable persons and that he showed little 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 1.3 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 applicant driver had fallen short of the ‘fit and proper’ standard and was a risk to public safety and, as such, agreed that he was not deemed a ‘fit and proper person’ to continue with his application to become a taxi driver.

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.