Agenda and minutes

Apologies for absence were received from Councillor Philip Knowles and Councillor Nikki Manterfield.

Councillor Robert Leadenham declared an interest in respect of the second part of agenda item 5 as he was acquainted with the driver and left the meeting during the debate and decision making.

The minutes of the meeting held on 20 September were proposed, seconded and AGREED.

It is anticipated that, in accordance with Section 100A (4) of the Local

Government Act 1972 the press and 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 them.

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 items 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.

Reports ENV890a and ENV890b from the Licensing Officer.

ENV890 (a)

Decision

To revoke the dual 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 Provisions) Act 1976.

The Committee were asked if they were content to proceed to determine the issue before them as the driver was not in attendance.  The Licensing Officer confirmed that all relevant notifications had been given to the driver, however, the driver had confirmed that he would not be attending Committee.  The Committee AGREED to proceed with the issue in the absence of the driver.

The Licensing Officer presented exempt report ENV890(a) which concerned whether a dual driver remained a fit and proper person to hold a dual hackney carriage and private hire drivers’ licence with South Kesteven District Council.  The Licensing Officer stated that the driver had failed to renew a hackney carriage vehicle licence and had allowed the vehicle to be used unlicensed.  The Licensing Officer also referred to previous incidents that had resulted in South Kesteven Penalty Points being issued to the driver and although these were spent, they could be taken into consideration by the Committee.

Members questioned the Licensing Officer about the renewal and the Licensing Officer confirmed that the vehicle was now licensed.   The driver had been contacted in July 2024 and reminded that the licence was due for renewal.  Other comments were made in respect of whether points had been issued previously due to licenses not being renewed to which the Licensing Officer responded.  It was noted by the Committee that by using the vehicle whilst unlicensed this would void the insurance if the vehicle had been involved in an accident which was of great concern to the Committee.

The Licensing Officer then gave their closing statement and reminded the Committee that each application had to be determined on its own merits.  Members should have regard to all relevant policies including the Council’s Hackney Carriage and Private Hire Policy, the Department of Transport Standards and all other relevant policies.  The driver had been brought before the Committee as failure to licence a vehicle could result in the awarding of 12 South Kesteven Penalty Points which meant referral to the Licensing Committee.  

The options available to the Committee were:

-        To suspend the driver for a defined period of time

-        Revoke the dual 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 Provisions) Act 1976

-        Issue a warning

-        Take no action

(10:20 the Licensing Officers left the meeting)

Members discussed the issue before them, taking into account the report, appendices, legislation, the Council’s Hackney Carriage and Private Hire Licensing Policy and the Department of Transport Standards.  Some Members felt that the failure to licence the vehicle had been an oversight and that perhaps further points should be issued.  It was stated that  ...  view the full minutes text for item 33.

The Licensing Manager informed the Committee that the feedback requested in respect of the new Hackney Carriage and Private Hire Licensing Policy would be brought to the December meeting of the Committee to allow for a full four months of data to be compiled.

The Licensing Manager also referred to some concerns that were being received in respect of aspects of the new policy, specifically in respect of the written English exam and she advised Members that if they received contact from the media, they should be forwarded to the Comms Team.   If drivers had specific concerns they wished to raise, these should be put in writing to the Chairman of the Licensing Committee.

The meeting closed at 11:26.