Agenda item

To consider whether the driver remains a ‘fit and proper’ person to hold a Private Hire driver licence.

This matter is brought to the Licensing 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

Wesley Freeman – Licensing Officer

Andy McDiarmid – Legal Advisor to the Sub-Committee

Michelle Cutler – Clerk to the Sub-Committee

The driver was in attendance and accompanied by a friend for support.

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.

The Sub-Committee was asked to consider whether the applicant was deemed to be a ‘fit and proper’ person to continue to hold a Private Hire 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.

It was RESOLVED that the driver, is a ‘fit and proper person’ to continue to hold a 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.?? 

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Reason for Decision:??? 

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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, Michelle Fletcher, Licensing Officer and Wesley Freeman, Licensing Officer.??? 

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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 Industry (2024) and the guidance within the Department of Transport Statutory Taxi and Private Hire Vehicle Standards (updated November 2022).??? 

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The Sub-Committee heard from Michelle Fletcher, Licensing Officer, that the Licensing Authority had conducted a thorough investigation into the driver following multiple complaints and repeated non-compliance with driver conditions, but that the driver had never been deemed by the Licensing Authority to pose an imminent risk to public safety. The Licensing Officer explained that although each incident appeared minor in isolation, collectively they revealed a concerning pattern of non-compliance regarding the standard of driving and several failures to comply with his driver licence conditions and instructions issued by the Licensing Authority, which had placed an unnecessary burden on licensing officers and raised serious public safety concerns. Issues included submission of incorrect or incomplete medical forms, failure to meet DBS requirements, and poor communication with the Licensing Authority. These led to several suspensions and formal warnings being issued by Licensing Officers.? 

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The Licensing Sub-Committee was mindful that the driver had passed a Driver Competency Assessment on 18 March 2025 and had undertaken and passed two medicals. The Sub-Committee noted that the driver also met with all DBS and DVLA requirements.? 

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The Sub-Committee heard from the driver that he had not received any complaints or disciplinaries prior to December 2024. He conducted himself in a professional and courteous manner and found himself in excellent health.The driver apologised for the position he now found himself in and hoped that he would be able to continue to work as a licensed driver.? 

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The Sub-Committee has agreed to issue you a written caution concerning the standard of your driving. We are extremely concerned about the number of complaints received, and we do not wish to see you appear before us again.? 

Being a licensed driver for BCP Council is both a privilege and an honour. Complaints are taken seriously and will always be frowned upon. You have now been given an opportunity to demonstrate that you can meet the standards expected of a licensed driver and take your responsibilities seriously.? 

The protection of the public is our highest priority. Licensed drivers must consistently demonstrate safe and competent driving standards. As professional drivers, you are expected to be fully aware of all road traffic legislation and to always prioritise the safety of your passengers.? 

Any further complaints or breaches of the licensing conditions may result in further action being taken against you.?? 

The Sub-Committee expects all licensed drivers to uphold the highest standards of professionalism and public safety. You are now under scrutiny, and failure to improve may jeopardise your ability to continue operating as a licensed driver within BCP Council.?