Agenda and minutes

An apology for absence was received from Councillor Patsy Ellis.

None disclosed.

The minutes of the meeting held on 15 December 2026 were proposed, seconded and agreed.

That under Section 100 (A) 4 of the Local Government Act 1972, the public and press be excluded from the meeting during consideration of the following items on the grounds that it is likely, that if they were present, there could be disclosed to them exempt information as defined in paragraphs 1 and 2 of Part 1 of Schedule 12A of the Act.

It was proposed, seconded and agreed to exclude the press and public during consideration of the following item of business on the grounds that it is likely, that if they were present, there would be disclosed to them exempt information as defined in paragraphs 1 and 2 of Part 1 of Schedule 12A of the Local Government Act 1972 Section 100(A)4.

Report ENV930 from the Licensing Officer.

Decision

The Committee considered the nature of the offence and the information provided to them by the driver and concluded that the drivers’ conduct fell below the standard required and, in this instance, resolved to provide the driver with a strict warning.

The Chairman introduced those present and confirmed the name of the driver before the Committee.

The Licensing Officer then presented their report and stated that the driver before the Committee had held a Dual Hackney Carriage and Private Hire Drivers Licence with South Kesteven District Council since May 2024.

The Licensing Team had been notified by Lincolnshire Police in September 2025 about a Road Traffic Collision (RTC) which involved a SKDC Hackney Carriage licensed vehicle and further details in respect of the vehicle and driver were received in October 2025.  In October the driver attended the Council Offices to discuss the RTC and stated that they had yet to speak to the Police.  

In November 2025 a Common Law Police Disclosure was received regarding the RTC following this SKDC penalty points were issued to the driver due to the defects found.

The driver had also failed to maintain their DBS on the update service and the driver was requested to complete a new DBS application.  On receiving the completed DBS, it indicated that the driver had been summoned to court and in February 2026, the driver had emailed a copy of the court documents advising that they had been convicted, a copy of these documents were appended to the report at Appendix 5.

The driver then made their representation to the Committee.  The driver apologised for what had transpired and gave details of the RTC.  The driver indicated that since the RTC they had checked the vehicle every day and they knew that it was their responsibility to carry out these checks.

Members questioned the driver about when checks had been carried out, the state of the vehicle and whether the driver owned the vehicle.  It was confirmed that the vehicle was owned by a company, but the driver kept the vehicle on their drive when not in use and it wasn’t used by other taxi drivers.  The driver had their own car for personal use.  The driver stated that they were aware that the vehicle was their responsibility.

The Licensing Officer then gave their closing statement.   When making their determination the Committee must have regard to all relevant policies including any representations made by the driver, the Council’s Hackney Carriage and Private Hire Licensing Policy and the Department of Transport Standards and relevant guidance.   Any decision made must ensure that the Council met its obligations in that holders of hackney carriage or private hire driver’s licences are a fit and proper person to hold such a licence. Pursuant to Section 51 Local Government (Miscellaneous Provisions) Act 1976 in relation to Private Hire Drivers and Section 59 of the Local Government (Miscellaneous Provisions) Act 1976 in relation to Hackney Carriage Drivers.

(10:20 the Licensing Officers and driver  ...  view the full minutes text for item 5.

Committee to determine an application to renew a Sex Establishment Licence for Pulse and Cocktails on the A1 Southbound, Stoke Rochford report ENV929.

Decision

That the Licensing Committee approve the renewal of the application for a Sex shop Licence as applied for in accordance with Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 (as amended by the Police and Crime Act 2009).

The Licensing Officer present report ENV929 which concerned a renewal application for a Sex Establishment Licences for Pulse and Cocktails on the A1 Southbound, Stoke Rochford.

The Policing and Crime Act 2009 amends Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 to permit the Licensing Authority to license Sex shops.

A Sex Shop means any premises, vehicle, vessel or stall used for a business which consists to a significant degree of selling, hiring, exchanging, lending, displaying or demonstrating –

·       Sex articles;

·       Other things intended for use in connection with, or for the purposes of stimulating or encouraging –

·       Sexual activity; or

·       Acts of force or restraint which is associated with sexual activity

The applicant had run a Sex Shop at the premises since April 2009 and there had been no complaints about the premises during this time. The renewal application was received in February 2026 and no objections were received during the 28 day consultation period from either the Police or any member of the public.

The renewal application did not vary the licence in any way from that previously applied for.  The opening days and times for the premise remained the same:

          Monday – Sunday 09:00 to 22:00hrs (including Bank Holidays)

Reference was made to the Committee visiting the premise and the Licensing Officer confirmed that they had visited the premise the previous year and a site visit for Members of the Committee could be arranged.

Each application should be determined on its own merits and applications may only be refused on certain defined mandatory or discretionary grounds as outlined within the report. 

When determining the application, the Committee should have regard to:

·       The authority’s sex establishment procedures

·       The Human Rights Act 198

·       SKDC’s regulations prescribing standard conditions

·       Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982

The options open to the Committee in respect of the renewal were:

·       To renew the application as applied for

·       To renew the application with modifications and/or additional conditions

·       Refuse the renewal, if having considered the renewal application the committee decides to refuse it, it must provide the applicant with the reasons for the decision in writing

(11:15 the Licensing Officers and press left the meeting)

Members discussed the renewal application before them having regard to the report and all relevant guidance and procedures.  Members noted that no complaints had been received from either the Police or members of the public in relation to the premises and it was therefore, proposed, seconded and unanimously agreed to grant the licence as applied for.

(11:17 the Licensing Officers and press returned to the meeting)

The Legal Advisor read out the Committees decision.  The Committee had read all the paperwork before them noting there were no objections or representations to the renewal.  ...  view the full minutes text for item 6.

There was no urgent business.

The Chairman thanked Members for attending and closed the meeting at 11:18am.