Agenda and minutes
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Contact: Democratic Services
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Apologies for absence
Minutes: Apologies for absence were received from Councillor Helen Crawford and Councillor Nikki Manterfield.
Councillor Susan Sandall substituted for Councillor Helen Crawford.
Councillor Steven Cunnington was also in attendance at the meeting, but as he had not yet undertaken the mandatory training required to sit on the Committee, he took no part in the proceedings. |
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Disclosure of interests
Members are asked to disclose any interests in matters for consideration at the meeting. Minutes: The Chairman asked those Members present to disclose any interests in respect of the items before the Committee.
Councillor Tim Harrison was in attendance, but not a Member of the Committee. He had declared that he was a proprietor of a taxi company within South Kesteven based at Grantham and he left the meeting.
A Member of the Committee challenged the information given by the Legal Advisor that Councillor Harrison’s interest was a relevant pecuniary interest and asked to receive written advice in respect of the decision after the meeting. |
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Minutes of the meeting held on 17 February 2023
Minutes: The minutes of the meeting held on 17 February 2023 were noted.
Following the recent elections only two Members were present at the meeting who had been at the last meeting and consensus was that the minutes were an accurate reflection of the decisions taken. |
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EXCLUSION OF THE PRESS AND PUBLIC
It is anticipated that, in accordance with Section 100A(4) of the Local Government Act 1972 (as amended) the public may be excluded from the meeting during consideration of the following item of business because of the likelihood that otherwise exempt information, as described in paragraphs 1 and 2 of the Act (as amended) would be disclosed to the public. Minutes: It was proposed, seconded and AGREED to exclude the press and public in accordance with Section 100A(4) of the Local Government Act 1972 (as amended), as described in paragraphs 1 and 2 of the Act (as amended) during consideration of the following items of business because of the likelihood that otherwise exempt information would be disclosed to them.
Members agreed to allow Councillor Steven Cunnington to remain in the meeting as an observer, he was a member of the Committee, but had yet to undergo the mandatory training required.
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Local Government (Miscellaneous Provisions) Act 1976: Committee to determine whether applicant is a fit and proper person to hold a licence
Report ENV847 from the Licensing Officer. Additional documents: Minutes: Decision
To grant a hackney carriage and private hire driver’s licence on the basis that the applicant was a fit and proper person to hold such a licence under Section 51(1) of the Local Government (Miscellaneous Provisions) Act 1976.
The Legal Advisor introduced those present and confirmed the name of the applicant together with his representative.
The Licensing Officer presented the exempt report which concerned an application for a Dual Hackney Carriage and Private Hire Drivers Licence. The applicant had held a licence with South Kesteven District Council from June 2016 to October 2022 at which time the licence was revoked by the Licensing Committee. The Licensing Officer referred to the background information within the report which had led to the Committee revoking the applicant’s licence.
In April the applicant had submitted an application for a Hackney Carriage and Private Hire drivers’ licence and all the necessary checks had been successfully carried out. The applicant had confirmed in the submitted application form that he had read the Taxi and Private Hire Licensing Policy and he had successfully passed the Lincolnshire Road Safety Partnership driver training course.
The applicant’s representative then made their representation and referred to the courses that the applicant had undertaken to improve his driving and road safety and the impact that the revocation of the licence had made on the applicant.
A Member asked about the time period for re-submitting an application, to which the Licensing Officer stated that there was no prescribed time period for a licence to be submitted following revocation or suspension of a licence.
The Licensing Officer then made their closing statement stating that each application was to be determined on its own merits. Members should consider the report and appendices together with any representation made and determine whether to:
- Grant a Dual Hackney Carriage and Private Hire driver’s licence on the basis that the applicant is a fit and proper person to hold such a licence under Section 51(1) of the Act; or - Refuse to issue a Dual Hackney Carriage and Private Hire driver’s licence on the grounds that the applicant is not a fit and proper person to hold such a licence under section 51(1) of the Act.
The applicant had nothing to add.
(10:35 the Licensing Officers, applicant and representative left the meeting)
Members discussed the application before them having regard to all the relevant policies and guidance and the representation made. Members felt that since the licence had been revoked the applicant had taken on board what had been said and had completed the necessary driving course. A question was asked about sanctions considered when the licence was revoked and it was stated that all sanctions had been considered and Members who were at that meeting stated that a long discussion had taken place in respect of the sanction that was agreed. The Legal Advisor informed the Committee about breaches to the policy and that a minor breach would involve South Kesteven penalty points but a serious ... view the full minutes text for item 5. |
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Local Government (Miscellaneous Provisions) Act 1976: Committee to determine whether applicant remains a fit and proper person to hold a licence
Report ENV851 from the Licensing Officer. Additional documents: Minutes: Decision
To suspend the driver’s Hackney Carriage and Private Hire driver’s licence for a period of 28 days under section 61(1)(b) of the Local Government (Miscellaneous Provisions) Act 1976.
The Legal Advisor made the introductions and confirmed the name of the driver.
The Licensing Officer presented the exempt report which concerned whether a driver remained a fit and proper person to hold a Dual Hackney Carriage and Private Hire driver’s licence. The driver had held a licence with South Kesteven since August 2016. During this period DVLA checks had not revealed any current or expired endorsements and no complaints had been received.
In October 2022 the driver had notified Licensing that his vehicle had been involved in an accident and had been sent to a garage. The plate was handed in to the Licensing Team. In January 2023, Licensing received an email from the driver informing them about points received on his licence and a court fine in respect of the accident.
Whilst attempting to view the drivers six monthly DBS check on line in January 2023, it was stated that a new DBS certificate was required. The driver was notified in respect of requiring a new DBS certificate and this was completed and the relevant code given to Licensing in March 2023 to access the information.
The driver was contacted at the end of March regarding the details of the accident, Appendix 3. The driver’s attention was also drawn to the current Hackney Carriage and Private Hire policy in respect of major and minor traffic offences relating to vehicles, Appendix 4.
One Member asked what was classed as minor and major traffic offences.
The Licensing Officer stated that;
A minor traffic or vehicle related offence is one which does not involve loss of life, driving under the influence of drink or drugs, driving whilst using a mobile phone, and has not resulted in injury to any person or damage to any property (including vehicles).
A major traffic or vehicle related offence is one which is not covered above and also any offence which resulted in injury to any person or damage to any property (including vehicles).
(11:00am Councillor Bisnauthsing arrived, but took no part in the debate or decision making process)
The driver was then asked to make their representation. Following the representation, Members asked various questions of the driver in respect of the conviction and the circumstances surrounding it to which the driver replied.
The Licensing Officer then made their closing statement. Members were asked to consider the report, appendices and information provided at the meeting and determine whether to:
(a) Suspend the driver for a defined period of time. (b) Revoke the Dual Hackney Carriage and Private Hire driver’s licence on the grounds that the applicant is not a fit and proper person to hold such a licence under section 61(1)(b) of the Local Government (Miscellaneous Provisions0 Act 1976. (c) Issue a warning. (d) Take no action.
The driver had nothing further to add.
(11:23 the Licensing ... view the full minutes text for item 6. |
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Any other business which the Chairman, by reason of special circumstances, decides is urgent.
Minutes: None. |
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Close of meeting
Minutes: The meeting closed at 11:55am. |