The Brentwood Council Licensing Sub-Committee convened to discuss two cases regarding the determination of combined Hackney Carriage¹ and Private Hire Vehicle² driver's licences. After deliberation, the committee decided to allow both applicants to continue holding their licences, subject to certain conditions. The meeting was held in private due to the confidential nature of the information to be discussed.

Hackney Carriage and Private Hire Driver's Licence Determinations

The primary focus of the meeting was to determine whether two applicants were fit and proper persons to continue holding a combined Hackney Carriage and Private Hire Vehicle driver's licence.

The Sub-Committee was required to determine whether, on the balance of probabilities, the applicant is a fit and proper (i.e. safe and suitable) person to continue to hold a combined Hackney Carriage and Private Hire Vehicle driver's licence.

The committee considered Section 51 (private hire vehicles) and Section 59 (hackney carriages) of the Local Government (Miscellaneous Provisions) Act 1976, which states that the council cannot grant a licence unless satisfied that the applicant is a fit and proper person to hold a driver's licence. They also took into account Section 61(1) of the same act, which empowers the council to revoke a licence if the holder has been convicted of certain criminal offences or for any other reasonable cause .

The committee was reminded that they were exercising an administrative function with the civil burden of proof, meaning that the matters would be determined on the facts before the Sub-Committee and the rules of natural justice would apply.

The committee considered the council's Hackney Carriage and Private Hire Licensing Policy, noting that each case must be considered on its own merits, with the policy as a general guideline that can be departed from if there are special and justifiable reasons.

First Licence Determination

After reviewing a written report from the council's Licensing Officer, submissions made during the hearing, and documents in Appendices A–D to the agenda, the committee decided to allow the first applicant to continue to hold their licence, subject to conditions set out in the decision notice.

Second Licence Determination

Following a review of similar materials, including documents in Appendices A-F to the agenda, the committee decided to allow the second applicant to continue to hold their licence, subject to the requirement to undertake a taxi driving standards assessment.

Exclusion of Press and Public

The press and public were excluded from the meeting because the discussion involved exempt information concerning individuals' personal data, pursuant to the Taxi Regulation Act 2013.