The Licensing Sub-Committee is asked to determine whether the applicant is considered a ‘fit and proper’ person to hold a Hackney Carriage and/or Private Hire Driver’s Licence.
Minutes:
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).
The Chair explained the protocol detailing the procedures of the meeting as attached to the Agenda and asked that it be agreed. All participating parties agreed the procedure.
Attendance:
From BCP Council:
Tania Jardim – Licensing Officer
Johanne McNamara – Legal Advisor to the Sub-Committee
Joseph Tyler – Democratic Services Officer and Clerk to the Sub-Committee
The Driver and his companion were also in attendance.
The Licensing Manager 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.
Councillors were asked to decide whether the applicant was a ‘fit and proper’ person to hold a Private Hire and Hackney Carriage Driver’s licence.
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 Legal Advisor advised all parties of the right of appeal.
It was RESOLVED that having considered the written report at Agenda Item 5 and the verbal submissions of Trudi Barlow, Licensing Officer, BCP Council and the Driver, together with all responses to the questions asked of both parties, the Sub-Committee agreed that the Driver was not a ‘fit and proper’ person to continue to hold a Hackney Carriage and Private Hire Driver’s Licence.
In making their decision, the Sub-Committee noted the applicant’s number of convictions, in particular those that had occurred during their role as a taxi driver. The Sub-Committee also took into consideration that the applicant had failed to adhere to the taxi driver terms and conditions by failing to notify the Licensing Authority of their arrests and convictions. Members noted the applicant’s dishonesty in the completion of relevant forms and documentations, specifically the taxi licence renewal form in 2017 where the applicant had failed to declare their convictions. The Sub-Committee did acknowledge that the applicant had undertaken an anger-management course and had made progress through his other employment, however they were not convinced that this was sufficient evidence of the applicant being a ‘fit and proper person’ to hold a licence.
The Sub-Committee took into consideration the written documents and information contained in Agenda Item 5; the BCP Council Private Hire and Hackney Carriage Conditions, Bylaws and Guidance, the BCP Private Hire and Hackney Carriage Policy, the provisions of the Local Government (Miscellaneous Provisions) Act 1976 and the Institute of Licensing (IOL) Guidance on determining the suitability of applicants and licensees in the hackney and private hire trades and the oral representations made at the Hearing on 25 November 2021.
Right of Appeal
All parties to the application have the right to Appeal to the Magistrates Court within the period of 21 days beginning with the day on which the Applicant is notified by the Licensing Authority of the decision in writing.
Voting - Unanimous