Agenda item

The Taxi Licensing Authority received a New Driver Application on the 24/03/2026 via the online facility.  

The applicant’s Enhanced DBS Certificate disclosed three serious convictions all of which occurred whilst the applicant was licensed as a driver with Christchurch Borough Council. As a consequence of these matters Christchurch Borough Council revoked the applicant’s driver’s licence. The driver exercised the right of appeal; however, the Magistrates’ Court dismissed the appeal and upheld the Council’s decision.

These convictions occurred over 10 years ago. However, as the offences are of a serious nature it is felt that this application needs to be brought before the Licensing Committee to consider if applicant is a ‘fit and proper’ person to hold a licence. 

Upon the applicant’s application form he has declared these convictions as outlined on the Enhanced DBS Certificate.

The applicant wishes to attend the hearing and has given a full statement in support of his application which is included in Appendix 3.

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: 

Caroline Wateridge - Licensing Officer 

Wesley Freeman - Licensing Officer 

Linda Cole - Legal Advisor 

Christiane Tan - Clerk to the Sub Committee 

Michelle Cutler – Democratic Services Support

The applicant was also in attendance and brought a friend with him.

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 Taxi Licensing Authority received a New Driver Application on the 24/03/2026 via the online facility.  

The applicant’s Enhanced DBS Certificate disclosed three serious convictions all of which occurred whilst the applicant was licensed as a driver with Christchurch Borough Council. As a consequence of these matters Christchurch Borough Council revoked the applicant’s driver’s licence. The driver exercised the right of appeal; however, the Magistrates’ Court dismissed the appeal and upheld the Council’s decision.

These convictions occurred over 10 years ago. However, as the offences are of a serious nature, the application needed to be brought before the sub-committee to consider whether the applicant was deemed to be a ‘fit and proper’ person to allow them to continue with the application process for a hackney carriage/private hire drivers licence. 

The applicant addressed the sub-committee to present their case.

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. 

RESOLVED that the applicant IS NOT considered to be a ‘fit and proper’ person to continue with the application process to become a licenced hackney carriage/private hire driver.

:

The sub-committee gave detailed consideration to all of the information which had been submitted before the hearing and contained in the licensing officer’s report for Agenda Item 8 and the verbal submissions made at the hearing by all parties, including the responses provided by the applicant and the licensing officer to questions from the sub-committee.

In considering the test of a ‘fit and proper’ person, the sub-committee had regard to the BCP Council Hackney Carriage and Private Hire Driver Policy 2021 - 2025, the provisions 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 trades (2018) and the guidance within the Department of Transport Statutory Taxi and Private Hire Vehicle Standards (updated November 2022).

The sub-committee had regard to the following points:

·        The sub-committee looked at a copy of the applicant’s DBS certificate and noted the applicant had one conviction in 2016 for three serious offences that occurred over an 8-week period in 2016.

·        The applicant was convicted whilst licenced by Christchurch Borough Council but did not tell the Licensing Authority of the conviction. In 2019 it was subsequently determined that the driver was no longer a ‘fit and proper’ person and the driver’s licence was revoked.

In considering the circumstances of the case the sub-committee reminded themselves that the primary and overriding objective of the taxi licensing system is public safety and to protect the public and any bar set when making any determination should be at the highest level.

The sub-committee also considered the guidance contained in the Department for Transport's Statutory Taxi and Private Hire Vehicle Standards, updated in November 2022. Paragraphs 5.4 -5.6 of this document advises

licensing authorities have a duty to ensure that any person to whom they grant a taxi or private hire vehicle driver's licence is a 'fit and proper' person. It may be helpful to consider whether you would allow a person for whom you care, regardless of their condition, to travel alone in a vehicle driven by this person at any time of day or night. If on the balance of probabilities, the answer to the question is no, the individual should not hold a licence.

It goes on Licensing Authorities must make difficult decisions, but the safeguarding of the public is paramount…. The applicant should not be given the benefit of the doubt. If the committee is only 50/50 as to whether the applicant is fit and proper, they should not hold a licence.

Having considered the serious offences that led to the conviction, and the responses to their questions, the sub-committee were concerned that the applicant could pose a risk to the public, as once licensed would work in a very challenging environment.

They questioned the applicant’s reasoning for not informing Christchurch Council of the conviction and were not satisfied that if licensed the applicant would operate in accordance with the conditions attached to a driver’s licence. 

The sub-committee felt the applicant fell short of the ‘fit and proper’ standard and was a risk to public safety, as such was deemed not to be a ‘fit and proper’ person to hold a Hackney Carriage or Private Hire driver’s licence or continue with the application to become a taxi driver. 

The applicant if 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.