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DBS DEBACLE


SOMERSET FIRM ALLOWED UNLICENSED DRIVER TO TAKE PASSENGERS FROM BRISTOL AIRPORT


During a routine traffic stop on October 21, 2022, police stopped a Fairview Minibuses Ltd. vehicle driven by Helen Goodland, who was not properly licensed to drive with the company. Fairview was successfully prose- cuted at Bath Magistrates Court on April 24, and was fined £512 and ordered to pay £294 in costs. Somerset Council has now given the company a formal warning, meaning it could be stripped of its private hire licence if there are any further infractions. The matter was discussed when the council’s regulatory sub-committee con- vened in Bridgwater on June 5. Ms Goodland had contacted the company on September 12, 2022 after being recommended to work for them by a friend. Upon meeting company founder, David King, she provided her driving licence and was told a DBS check would verify she was safe to drive a PHV. Ms Goodland began driving for Fairview shortly after, including transporting a nine-year-old boy. During this time, she also trans- ported passengers to Heathrow Airport, Weston General Hospital and to Bristol Airport - all before Ms Goodland had received her DBS result certificate in the post. On October 21, 2022, Ms Goodland was booked to transfer passengers to Bristol Airport, in a vehicle which had “no markings to indicate it was a licensed vehicle” – and was subsequently stopped at the airport by PC Anthony Quinlan. She said in her police statement: “I was completely shocked as I am an honest person, and have driven for Fairview Taxis since.”


not 40


In a written statement, PC Quinlan confirmed that Fairview had been successfully prosecuted on three charges: employing an unlicensed driver, operating a PHV using an unlicensed driver, and operating a PHV without proper plates. David King admitted to


the


committee that he’d allowed Ms Goodland to


drive for several


weeks – but stressed the relevant DBS check had been carried out. He said: “We’ve been operating for 25 years. I would say we are a well- respected and well-run company. “We’re not here to say ‘we didn’t do anything wrong’, we know we did something wrong. “We were coming out of Covid, three companies within Burnham shut down within a short space of time, and we


took on their


contracts and two of their drivers. “Within a few weeks we had a few drivers pack up or go into retirement, which left us very short of drivers for contract work we’d agreed to take on already. “Helen came to us, she was looking for short-term work and we said we might be able to find her some school transport work. “We did the DBS, but over three to four weeks we were snowed under and Helen agreed to help us out on a couple of jobs – we were wrong to offer her the work. “We’ve now put procedures in place to stop this happening again.” Under government regulations, the licence holder must declare any convictions, cautions or fixed penalties notices within five days of the date of conviction. Mr King said he had spoken to PC Quinlan about the issue and


“presumed you [the council] had already known” about the offence, adding: “I put my hands up about that.” Regarding the lack of proper plates, Mr King said: “We’d just had the vehicle back from bodywork repair, and we hadn’t put the signs back on. But there was a sign in the window stating it was a PHV.” Mr King said that the large amount of paperwork and safeguarding checks made it difficult to recruit and retain drivers. Councillor Hugh Davies expressed dismay at the company allowing Ms Goodland to drive for them. He said: “I just can’t get over how you, with your 25 years’ experience, allowed this to happen.” After a lengthy deliberation in confidential session, the sub- committee voted to


give the


company a formal warning – with the proviso that any further breaches would result in a new hearing.


Cllr Simon Carswell (who chaired the hearing) said: “The offences of which Fairview were convicted were serious. Failing to ensure their driver was properly licensed and driving before their DBS certificate was complete presented a significant risk to the public, and risked the confidence and integrity of the licensing system. “We will issue a formal warning as to the company’s future conduct, which would include an inspection of the company’s records and procedures. “Any future breach of our policy would result in a further appear- ance before this sub-committee with their licence at risk.”


JULY 2023 PHTM


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