Agenda item

The Drivers Licence has been surrendered by the driver, however, not accepted by BCP Council.

This matter is brought before the Sub-Committee for consideration.

This item was restricted by virtue of paragraphs 1, 2 and 7 of Schedule 12A of the Local Government Act 1972.

Exempt information – Categories 1 (information relating to any individual), 2 (information which is likely to reveal the identity of an individual) and 7 (information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime).

Attendance:

From BCP Council:

Michelle Fletcher – Licensing Officer

Trudi Barlow – Licensing Officer

Linda Cole – Legal Advisor

Christiane Tan – Clerk to the Sub Committee

Michelle Cutler – Democratic Services support

The driver was not present, having already been made aware that the hearing would proceed in their absence.

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. It was presented to the sub-committee that the applicant held three licences issued by BCP Council up until 28th January 2026, a Private Hire Driver Licence, a Private Hire Vehicle Licence, and a Private Hire Operator Licence in partnership with his brother. Recently, this individual sought to voluntarily surrender all three licences. BCP Council accepted the surrendering of the vehicle licence and the instruction that the operator is no longer in business and closed each of these records. The driver’s licence was surrendered by the driver however it was not accepted by BCP Council to date as it was considered that this attempted surrender was motivated by a desire to avoid or disrupt ongoing or potential investigations into recent licence breaches. If the surrendering of the licence had been accepted, this would have prevented BCP Council from concluding their inquiries and taking any appropriate formal regulatory action such as adding the driver to the National Register of Refusals and Revocations.

In the driver’s absence, the Sub-Committee considered the case based on the written information presented in the report. The Sub Committee asked various questions of the officers present and was grateful for the responses received.

The Licensing Officer was invited to sum up before the Sub-Committee retired to make its decision. Before concluding the hearing, the Legal Advisor advised of the right of appeal.

RESOLVED that the driver is no longer deemed to be a ‘fit and proper person’ to hold a private hire driver licence and that the licence be revoked with immediate effect under Section 61(2B) of the Local Government (Miscellaneous Provisions) Act 1976 in the interests of public safety).

Reasons for Decision:  

The Sub-Committee carefully considered all the written information which had been submitted before the hearing and contained in the Licensing Officer’s report for Agenda Item 7. 

The Sub-Committee also considered the verbal submissions made at the hearing by the Licensing Officer and the responses given to questions. The driver did not attend the hearing.The Sub-Committee noted that he had been properly notified of the date and time of the hearing but had not responded or requested an adjournment.

In considering whether the driver remained a ‘fit and proper person’, the Sub?Committee had regard to the BCP Council Hackney Carriage and Private Hire Driver Policy 2026 – 2031, the provisions of the Local Government (Miscellaneous Provisions) Act 1976, the Institute of Licensing (IOL) Guidance on determining the suitability of drivers and licensees in the hackney and private hire trades (2018), and the Department for Transport Statutory Taxi and Private Hire Vehicle Standards (updated November 2022).

The Sub?Committee considered the following points:

Dorset Police contacted the Taxi Licensing Authority to establish whether the driver had recently disclosed any matters to them. Following a review of licensing records, it was confirmed that no disclosures had been made by the driver. Dorset Police then informed the Authority that the driver had been arrested for driving whilst over the prescribed alcohol limit, and that he was driving a licensed private hire vehicle at the time of the arrest.

Enquiries were made with the licensed operator, who confirmed that neither the driver nor the vehicle had any bookings via the operator licence on the date of the incident. The operator, a small business supporting only one vehicle and this driver, advised that because of the incident the business had ceased trading and that both the operator and vehicle licences were being surrendered.

The driver was contacted by the Licensing Authority and invited to provide a written account of the circumstances surrounding his arrest and an explanation for his failure to notify the Authority, as required by his licence conditions. He did not provide a written response. Instead, he advised that his operator was no longer willing to work with him and that he was resigning as a BCP private hire driver with immediate effect, thereby seeking to surrender his licence.

The Sub-Committee noted that the driver’s badge, vehicle plates, private hire driver’s licence, and operator licence had been returned to the Council and that the vehicle and operator licences had been closed.

The Sub-Committee was advised that acceptance of a voluntary surrender would have prevented the Licensing Authority from recording the matter on the National Register of Refusals and Revocations (NR3), as entries can only be made following a refusal, suspension, or revocation. The Sub-Committee accepted that surrender can, in some circumstances, be used to avoid potential investigations or prevent such formal regulatory action being taken

The Sub-Committee noted that, in the absence of a criminal conviction, the arrest would not necessarily appear on an enhanced DBS certificate. Entry onto the NR3 register was therefore considered essential to ensure that other licensing authorities are made aware of this incident and can take it into account when determining future applications.

The Sub-Committee concluded that the driver had failed to comply with the Council’s licensing policy by not notifying the Licensing Authority of his arrest. The Sub-Committee was particularly concerned that the arrest related to driving whilst over the alcohol limit and that this occurred while he was driving a licensed private hire vehicle. The Sub-Committee determined that this conduct represented a serious risk to public safety, fell significantly below the expected standards of behaviour for licensed drivers, and was wholly incompatible with holding a private hire driver’s licence.

Accordingly, the Sub-Committee determined that the driver was not a fit and proper person and that it was necessary and proportionate to revoke his private hire driver’s licence with immediate effect, notwithstanding his offer to surrender it, and that his details be recorded on the NR3 register. Consideration was given to the risk that, without such action, the driver could seek to apply to another licensing authority without declaring the relevant conduct.

The driver has the right of appeal to the Magistrates’ Court within 21 days beginning with the date on which he is notified in writing of this decision.