Agenda item

The Sub-Committee is asked to consider the suitability of an individual to become a Hackney Carriage and/or Private Hire Driver after revocation.

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

Linda Cole – Legal Advisor to the Sub-Committee

Michelle Cutler – Clerk to the Sub-Committee

Christiane Tan – Democratic Services, observing for training purposes

The applicant 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 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.

 It was RESOLVED that the applicant 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 

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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 8, along with the verbal submissions made at the Hearing by the applicant driver, and Michelle Fletcher, Licensing Officer. 

The Sub-Committee noted that the applicant driver had previously held a Hackney Carriage Driver Licence, which had been revoked following disclosure from Dorset Police that the applicant driver had been arrested for the alleged sexual assault of a passenger in his vehicle. The applicant driver was released under investigation with no conditions attached. The applicant driver was never charged in respect of this incident and received a letter from Dorset Police advising that no further action was to be taken at this time due to insufficient evidence to provide a realistic prospect of conviction, however, the case would be kept under review since further evidence may become available in the future, and as a result a decision to charge may be made. 

The applicant driver submitted a clear enhanced Disclosure and Barring Service (DBS) check with his application to the Licensing Authority in September 2025. Upon receipt of this, the Licensing Authority sent a request to Dorset Police’s intelligence unit (FIB) for any relevant information they may hold, that may assist in the Licensing Authority’s assessment of whether the applicant driver was a ‘fit and proper’ person however, Dorset Police had not yet responded. 

The applicant driver explained to the Sub-Committee that he was a family man and that apart from the aforementioned incident, had never been in a Police station and had no other complaints made against him. He advised that he worked for various charities in a position of trust and would like to be a taxi driver again so that he had more flexibility over his working hours and could better support his family. 

The applicant driver advised he had worked as a delivery driver since last licensed, he handled cash and card payments and liked to provide a good service. He advised he was a calm good driver with no driving convictions or complaints. 

The Sub-Committee asked the applicant driver if he usually let passengers sit in the front seat and he replied he had let them sit where they like. When asked if he would do anything differently now, he replied he had learnt from his mistakes, and he would ensure female passengers sat in the back of the vehicle and he would call the Police in the event of a bad situation occurring. 

The applicant driver advised that he would be a good taxi driver as he liked providing a service to people and helping people and he would be proud to work for BCP Council as a taxi driver as it’s a responsible job.  

The Sub-Committee noted the character references provided and that they were not aware of any other concerns occurring since the allegations made.

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.  

In considering the test of a ‘fit and proper person’, the Sub-Committee had regard to Chapter 8 of BCP Council’s Hackney Carriage and Private Hire Driver Policy 2026 - 2031, 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).???? 

The Sub-Committee were satisfied that the applicant driver is?a ‘fit and proper person’ to hold a Public Carriage Licence and should be allowed to continue with his application to become a licenced driver. If granted a licence, the applicant driver must be fully aware and comply with all conditions of the BCP Council Driver Policy and promptly notify the Licensing Authority of any arrest, caution, or conviction for any offence or driving matter, whether arising in his professional capacity as a licensed driver or in his personal life. 

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