Agenda item

Following information received via Dorset Police and the provision of a new Enhanced DBS the suitability of the licensed Hackney Carriage driver. The Driver is referred to determine if he remains ‘fit and proper’ to continue to be a licence holder.

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).

 

Attendance:

 

From BCP Council:

Nananka Randle – Licensing and Trading Standards Manager

Johanne McNamara - Legal Advisor

Michelle Cutler - Clerk to the Sub-Committee

Christiane Tan – Observing, Democratic Services

 

The Driver attended via phone, having already indicated that he would not be attending the hearing due to work commitments.

 

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 and Trading Standards Manager presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'C' to these Minutes in the Minute Book. 

 

The Licensing Team had received information in relation to a licensed driver that raised concerns on their suitability to remain a licensed driver. The Sub- Committee was asked to consider whether the driver remained a ‘fit and proper’ person to hold a hackney carriage and private hire driver licence.

 

The Sub-Committee asked various questions of all parties present and were grateful for the responses received. All parties had the opportunity to ask questions. All parties were invited to sum up before the Sub-Committee retired to make its decision. Before concluding the hearing, the Legal Advisor advised all parties of the right of appeal. 

 

RESOLVED that the driver is no longer deemed to be a ‘fit and proper person’ to hold a hackney carriage and 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 8. 

 

The Sub-Committee also considered the verbal submissions made at the hearing by the Licensing and Trading Standards Manager and the driver, and the responses given to questions. 

 

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 asking for information on the driver regarding an ongoing Police investigation.

 

A copy of the drivers new enhanced DBS check was circulated to all parties present at the hearing. The DBS check was clear; however, the Police had disclosed relevant information relating to concerns over the driver’s role as a taxi driver.

 

The Sub-Committee asked the driver if he was aware of his responsibilities as a licensed driver and asked if he had read the BCP Council Hackney Carriage and Private Hire Driver Policy 2026.  The driver advised that he had not read the policy. He was therefore unaware that he had to notify the Council of any arrest within 3 working days, whether charged or not.

 

In his defence, the driver cited that he had received no complaints from other licensed drivers or customers regarding his driving. He admitted that he had made some mistakes, but he was a hard-working family man that needed to provide for his family.

 

The Sub-Committee found that the driver has failed to disclose any arrest to the licensing authority. This is in breach of his driver conditions which are set out in Appendix A of the BCP Hackney Carriage and Private Hire Driver Policy 2026 -2031 which states at section 7. The licence holder must notify the Council in writing within 5 working days (or 3 working days in the case of arrest) providing full details of any conviction, binding over, caution, warning, reprimand, or arrest for any matter (whether or not charged) imposed on him / her during the period of the licence.

 

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 arrests. The Sub-Committee was particularly concerned by the nature of the arrests. These matters raised significant safeguarding concerns and were considered serious indicators of risk within the context of taxi licensing, given the potential vulnerability of passengers and the known risks associated with exploitation and criminal activity in the sector.

 

The Sub-Committee determined that the drivers 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 hackney carriage and private hire driver’s licence.

 

Accordingly, the Sub-Committee determined that the driver was not a ‘fit and proper’ person and that there was a risk to public safety and as such in accordance with S 61 of the Local Government (Miscellaneous Provisions) Act 1976, it was necessary and proportionate to revoke his private hire driver’s licence with immediate effect.

 

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.