Agenda and minutes

Apologies for absence were received from Councillor Harrish Bisnauthsing, Councillor Patsy Ellis, Councillor Jane Kingman and Councillor Elvis Stooke.

None disclosed.

Minutes of the meeting held on 28 June 2024 were proposed, seconded and AGREED.

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.

It was proposed, seconded and AGREED to exclude the press and public in accordance with Section 100(A) of the Local Government Act 1972 (as amended) 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 them.

Licensing Officers report.

Decision:

The Committee determined that the Hackney Carriage driver was a fit and proper person to hold a hackney carriage licence pursuant to Section 59 of the Local Government (Miscellaneous Provisions) Act 1976 and decided to take no action. It was noted that his hackney carriage licence expired in October 2024 at which point the driver would need to undertake the full renewal process.

The Committee felt that it was reasonable and proportionate to issue the driver with a strict warning as to his future conduct; particularly regarding compliance with the Council’s policies and rules on reporting to the Licensing Authority.

The Chairman confirmed who would be speaking in respect of the item before the Committee.

The Licensing Officer presented the report which concerned whether a driver was a fit and proper person to hold a hackney carriage driver’s licence with South Kesteven District Council.

The Licensing Officer detailed that following the annual DVLA check in 2023 the driver had received 3 endorsement points against his driving licence for a speeding offence in July 2022.  The driver had not informed the Licensing Team and the driver had been issued with 6 South Kesteven (SK) Penalty Points for Offence 43 in September 2023.    All hackney carriage drivers had to subscribe to the Disclosure and Barring online update service which was checked at six monthly intervals by the Licensing Team.    The driver had subscribed to the service in January 2022.  In April 2024, whilst carrying out checks it was found that the subscription was no longer active.  The driver was contacted and submitted a DBS form in April.  Whilst attending the offices to submit the form the driver seemed to struggle to understand what was expected of him and the CSA had interpreted to assist his understanding.  Once the new DBS form had been received it was noted that a caution had been issued by Lincolnshire Police.  Again, the driver was issued with 6 SK penalty points for Offence 43 for failing to disclose the information in the correct timeframe.  As the driver had accumulated 12 SK penalty points, he had been referred to the Licensing Committee. 

The report also detailed other enforcement action that had been taken with the driver over the time that he had held a badge and although it was 12 SK penalty points which necessitated referral to Licensing Committee the offences over a period of time did show a pattern of misdemeanours.

The Committee then heard the driver’s representation which was given by his son.  The son detailed the background to the caution being given and also the failure to report the offences which the driver apologised for not reporting.  Members asked questions of the driver in respect of the DBS renewal and the caution which were answered by the driver through his son.

The Licensing Officer then gave her closing statement.  The Committee were reminded that each application had to be determined on its own merits.   She referred Members to paragraphs from the Hackney Carriage and  ...  view the full minutes text for item 11.

None.

The meeting closed at 12:14pm.