Agenda item

To consider whether the driver is a ‘fit and proper’ person to continue with the application process to become the holder of a Hackney Carriage and/or 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:

Wesley Freeman – Licensing Officer

Andy McDiarmid – Legal Advisor to the Sub-Committee

Michelle Cutler – Clerk to the Sub-Committee

The applicant 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 '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 for a new Hackney Carriage/Private Hire 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 and/or Private Hire Driver’s Licence.?? 

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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 6, along with the verbal submissions made at the Hearing by the applicant driver, his friend in support of his application, 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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In making its decision the Sub-Committee considered the evidence submitted by Dorset Police regarding an incident which occurred in Poole on 27 October 2024, where the applicant driver was subsequently arrested.

The applicant driver was bailed, and no further action was taken by the Police. The Sub-Committee note that despite this outcome, Dorset Police have serious concerns about the applicant having a taxi licence as the account he gave of the incident when being interviewed raised concerns about how he handled the situation of having a vulnerable female in his taxi.?? 

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The Sub-Committee noted that the applicant had failed to notify BCP Council of his arrest in line with Appendix A, paragraph 7 of the BCP Hackney Carriage and Private Hire Driver Policy, which requires drivers to notify the Council in writing within 3 working days of arrest. The Sub-Committee accept the applicant’s explanation that the Police confiscated his mobile phone as part of an investigation, however, they do not accept that he had no other means available to contact the Licensing Office within the required timeframe.? 

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The Sub-Committee note that the applicant submitted an application for a reissue of a Hackney Carriage and/or Private Hire Vehicle Drivers Licence on 24 May 2025, however, the BCP Driver Policy, Appendix C, paragraph 15, states “where an applicant has previously had a licence revoked by the Council the Authority will not, save in exceptional circumstances, consider any further application from the applicant for a period of three years from the date of the Authority’s decision…”. The Sub-Committee is mindful that the applicant had his licence revoked with immediate effect on 13 November 2024 in the interest of public safety and that there were no exceptional circumstances to warrant reissuing it.? 

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The Sub-Committee note that the applicant had answered ‘no’ to the following question on the application ‘Have you ever had a licence for a Hackney Carriage or Private Hire Vehicle and/or Driver refused or revoked by any Licensing Authority?’. The November 2024 revocation has not been disclosed, and this raises the question of dishonesty as part of this new driver application. The Sub-Committee is not satisfied with the applicant’s explanation that he made a mistake when completing the application form.? 

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Having heard from the applicant, 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.??? 

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In considering the circumstances of the case the Sub-Committee reminded themselves that the overriding aim of 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, 1.4 and 3.18 of the Institute of Licensing Guidance. The applicant has fallen short of the ‘fit and proper’ standard and was a risk to public safety and, as such, agreed that he is not deemed a ‘fit and proper person’ to continue with his application to become a taxi driver.?? 

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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.???