The Licensing Sub-Committee convened to address three key items: an application to renew a hackney carriage licence for a vehicle over 10 years old, and two hearings regarding the fitness and propriety of Hackney Carriage/Private Hire drivers to hold their licenses. The committee approved the renewal of the Hackney Carriage Vehicle licence with conditions, and determined that both drivers were fit and proper persons to hold their licenses, issuing warnings and penalty points in accordance with the council's taxi policy¹.

Hackney Carriage Vehicle Licence Renewal

The sub-committee approved the application for the renewal of a licence for a Hackney Carriage Vehicle over 10 years old, subject to the condition that the vehicle undergoes an MOT[^3] test every six months, with evidence provided to the council's licensing department. The vehicle in question was a Toyota Yaris, first registered on 30 June 2015.

The applicant told the sub-committee that previous MOT failures had been due to wear and tear, that he regularly serviced the vehicle, and that he would replace the car if it became unsafe.

The Principal Licensing Officer presented a report noting that the vehicle had been inspected by a council officer and found to be in reasonable condition for its age. The MOT history showed that the vehicle had failed the MOT test on six occasions since 2018.

Driver 1 - Fit and Proper Person Hearing

The sub-committee determined that a licensed driver was a fit and proper person to hold a driver's licence for a Hackney Carriage/Private Hire Vehicle, but issued a written warning and 18 penalty points for failing to notify the Licensing Authority of a conviction at the time of the incident and for unsatisfactory behaviour or conduct. The driver must also attend anger management training approved by the Principal Licensing Officer within four weeks.

The Legal Advisor clarified that the evidential burden was on the Licensing Sub-Committee to prove, on the balance of probabilities, that the licensed driver was no longer a fit and proper person.

The driver told the sub-committee that he was not aware he needed to report a conviction immediately, that the altercation had occurred at a difficult time in his life, and that he had taken steps to change his behaviour.

The Principal Licensing Officer presented a report stating that the driver had been convicted of battery² under section 39 of the Criminal Justice Act 1988³ on 5 February 2025, following an arrest on 20 October 2024.

Driver 2 - Fit and Proper Person Hearing

The sub-committee determined that an applicant was a fit and proper person to hold a driver's licence for a Hackney Carriage/Private Hire Vehicle, but issued a written warning and six penalty points for failing to notify the Licensing Authority of a caution⁴. The applicant must also attend a taxi driver proficiency course as agreed by the Principal Licensing Officer before his licence is approved.

The Legal Advisor clarified that the evidential burden was on the applicant to prove, on the balance of probabilities, that he was a fit and proper person to hold a taxi driver's licence.

The applicant told the sub-committee that he had made a mistake by not including the caution when he completed the application, and that he had parked outside Ladysmith school when his wife had been pregnant.

The Principal Licensing Officer presented a report stating that the applicant had failed to declare a caution on 14 June 2010 for affray[^7] on 20 May 2010, under Section 3 of the Public Order Act 1986[^8]. The report also noted that the applicant had been issued with 12 penalty points on 3 March 2025 for non-compliance with traffic regulations, following complaints supported by photographic evidence that he had parked his licenced Hackney Carriage vehicle in a restricted area near Ladysmith School on four occasions.