Agenda and draft minutes

To consider whether it is in the public interest to exclude the public and representatives of the press from the remainder of the meeting in accordance with Section 100(A) of the Local Government Act 1972, on the grounds that the matters to be dealt with involve the likely disclosure of exempt information as defined in Paragraphs 1, 2 and 3 of Part 1 of Schedule 12 of the Act.

RESOLVED that the public and representatives of the press be excluded from the meeting in accordance with Section 100 (A) of the Local Government Act 1972, on the grounds that the matters to be dealt with involve the likely disclosure of exempt information as defined in Paragraphs 1, 2 and 3 or Part 1 of Schedule 12 of the Act.

To consider a report by the Licensing Officer which contains exempt information in respect of hackney carriage/private hire vehicle driving licences.

The Panel considered a report by the Licensing Officer which contained exempt information in respect of hackney carriage/private hire vehicle driving licences.  A copy of the report was circulated to all parties in advance of the meeting.

Case 2 – Mr S

At the invitation of the Chairman, the Licensing Officer presented the circumstances of the case, as supported by the documentary evidence and as outlined in the report.  There were no questions or points for clarification from Members of the Panel or the Applicant.

The Applicant presented the circumstances of his case and answered questions from Members of the Panel thereon.

The Applicant and the Licensing Officer withdrew from the hearing whilst the Panel considered its decision in private.

Following the Panel’s deliberations, the Applicant and the Licensing Officer returned to the hearing, whereupon the Chairman announced the Panel’s decision as follows:

LICENSING PANEL

DECISION OF THE MEETING HELD ON 26 February 2025

PRIVATE HIRE TAXI DRIVER’S LICENCE

Case 2 – Mr S

The Panel has considered very carefully the report of the Licensing Officer and all the evidence presented today.

It has given due regard to the Local Government (Miscellaneous Provisions) Act 1976 (“the Act”) and the Council policy and guidelines relating to the application of the “fit and proper person” test and other considerations of character. The Human Rights Act has been borne in mind whilst making the decision.

The Applicant attended the hearing and with the permission of the Chairman addressed the Panel. Clarification was provided regarding the convictions in 2014 relating to the applicant driving without insurance, without a valid license and resisting / obstructing a constable. He explained that he didn’t realise he only had one year to drive with his Pakistani license before needing a UK licence and that his direct debit for his insurance had been cancelled but he was not aware. He explained that as his English was not good and he thought he had insurance and a license that is why he acted the way he did and argued that he had the right documents and insurance.

The Panel considered all the facts and has decided that the applicant is a fit and proper person in accordance with the Act and therefore his private hire taxi drivers’ licence application is approved. The reasons for this decision are outlined as follows:

Reasons for Decision

The Licensing Officer addressed the panel highlighting the reasons for the hearing.  The panel was referred to the Taxi Policy and guidance around the fit and proper test as it relates to convictions, complaints, and patterns of behaviour.

The Panel were concerned about the nature of the motoring convictions in 2014 which involved driving without insurance and a valid licence. It was a very serious offence which took place after the applicant had recently arrived in the UK.

The Applicant has, to his credit, remained conviction free since that date. He informed the panel that he did not know he was unable to drive using his Pakistani license until he was notified at the time of the offence. In addition, the applicant advised the panel that he had arranged insurance but he was unaware of the direct debit before refused.

In respect of the applicant failing to declare the conviction on his application the panel were satisfied that he reasonably assumed the conviction was spent, having not previously applied to be a taxi driver before and this was a mistake he could be forgiven for on this occasion.

It is noted that the conviction is more than 7 years ago.

In consideration of the length of time that has passed, and the Applicant’s more recent history of being conviction free the panel are prepared to grant him a licence.

There is a statutory right of appeal to the Magistrate’s Court of the decision which must be made within 21 days of formal notice

There is a statutory right of appeal to the Magistrate’s Court of the decision which must be made within 21 days of formal notice.

RESOLVED that the Panel considers the Applicant to be a fit and proper person to hold a private hire vehicle driving licence and that the licence therefore be granted.

Case 1 – Mr H

At the invitation of the Chairman, the Licensing Officer presented the circumstances of the case, as supported by the documentary evidence and as outlined in the report.  There were no questions or points for clarification from Members of the Panel or the Applicant.

The Applicant was invited to present the circumstances of his case but declined to add anything further to the written statement already provided.

At the invitation of the Chairman, the Panel Members asked questions and raised points for clarification of the Applicant, which the Applicant answered accordingly.

The Applicant was invited to make a closing statement in respect of his case and did so accordingly.

The Applicant and the Licensing Officer left the hearing whilst the Panel considered its decision in private.

Following the Panel’s deliberations, the Applicant and the Licensing Officer returned to the hearing to hear the Chairman announce the Panel’s decision as follows:

LICENSING PANEL

DECISION OF THE MEETING HELD ON 26 February 2025

PRIVATE HIRE TAXI DRIVER’S LICENCE

Mr H

The Panel has considered very carefully the report of the Licensing Officer and all the evidence presented today.

It has given due regard to the Local Government (Miscellaneous Provisions) Act 1976 (“the Act”) and the Council policy and guidelines relating to the application of the “fit and proper person” test and other considerations of character. The Human Rights Act has been borne in mind whilst making the decision.

The Applicant attended the hearing and with the permission of the Chairman addressed the Panel. Clarification was provided regarding his conviction on 3.2.2020 for Handling, controlling or transferring waste without taking reasonable measures under the Environmental Protection Act 1990 and regarding his licenses being revoked by South Oxfordshire District Council in 2024.

The Panel considered all the facts and has decided that the Applicant is not a fit and proper person in accordance with the Act and therefore his private hire taxi drivers’ licence application is rejected. The reasons for this decision are outlined as follows:

Reasons for Decision

The Licensing Officer addressed the Panel highlighting the reasons for the hearing.  The panel was referred to the Taxi Policy and guidance around the fit and proper test as it relates to convictions, complaints, and patterns of behaviour.

The Panel were concerned about the Applicant’s history with regards to having had 3 licenses revoked by South Oxfordshire District Council on 10 September 2024. The circumstances around that revocation are set out in the document from South Oxfordshire District Council also dated 10 September 2024.

It was also noted that the driving licenses had already been suspended at the time of revocation due to the applicant having failed to provide an up to date medical report as required.

The Panel was concerned that the Applicant, despite being licensed by South Oxfordshire District Council for a number of years, failed to undertake their duties and responsibilities consistently and in line with policy. South Oxfordshire District Council reports a number of incidents where the Applicant’s vehicles were not safe placing the public at risk. In addition, the Applicant in his responses to South Oxfordshire District Council and in his application to us today, fails to take responsibility for maintaining his vehicle to a high standard as is expected from drivers undertaking this role. His response today blamed South Oxfordshire District Council becoming more strict on the expectations of drivers and operators and suggesting that in previous years matters would have been allowed. The Panel disagreed and advised the Applicant that all licensing authorities should be strict and require high standards from licensees. The Applicant further sought to blame delays on testing on the capacity of garages in the area but failed to explain why the vehicles he was responsible for failed compliance tests and MOT’s on multiple occasions over the last few years. He took no responsibility for the maintenance of vehicles and did not satisfy the Panel that he would ensure that he would take his duties seriously in the future. This is despite him previously having had written warning and penalty points for similar issues.

The Panel were concerned that as a private hire driver he would need to ensure that his vehicle was safe to be used and would not ensure cleanliness and compliance.

The Applicant, in addition, failed to notify South Oxfordshire District Council of his conviction in 2020 which demonstrates a lack of openness and transparency as well as a failure to comply with policy. Again, the Applicant failed to take responsibility for contracting a company that did not have a  waste license to dispose of his business waste despite being convicted of the same.

The Applicant’s behaviour shows a pattern of disregard for standards and compliance with rules. Indeed, the complaint that led to the revocation resulted from the same vehicle failing a compliance test twice in a 5 month period (February 2024 and July 2024). 

In order to grant a license the licensing authority must be satisfied that the applicant is a “fit and proper” person. It is for the Applicant to prove they are fit and proper rather than for the Panel to evidence that they are not. In this case, the behaviours and lack of compliance by the applicant during his time previously licensed by South Oxfordshire District Council cause the Panel to feel that he does not satisfy the test.

The Panel are not satisfied that the Applicant accepts any responsibility for placing members of the public at risk from failing to properly maintain his vehicles. He also failed to provide medical information as required at the time. He had received a number of written warning from South Oxfordshire District Council during his time licensed by them and had 56 penalty points added to his license by the time his license was revoked. This is not behaviour befitting a taxi driver or private hire driver who is responsible for transporting the public and who is required to comply with policies designed to keep them safe.

There is a statutory right of appeal to the Magistrate’s Court of the decision which must be made within 21 days of formal notice.

RESOLVED that the Panel does not consider the Applicant to be a fit and proper person to hold a private hire vehicle driving licence and that the licence therefore be refused.