Agenda and minutes

Apologies for absence were received from Councillor Pam Bosworth, Councillor Steve Cunnington, Councillor Patsy Ellis and Councillor Nikki Manterfield.

None disclosed.

The minutes of the meeting held on 20 December 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 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 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 paragraph 1 and 2 of the Act (as amended) would be disclosed to them.

Report ENV896 from the Licensing Officer.

The Vice-Chairman, who was chairing the meeting in the Chairman’s absence,  introduced those present and confirmed the name of the applicant who was in attendance.

Decision

The Committee determined that the applicant was a fit and proper person to hold a Dual, Hackney Carriage and Private Hire driving licence.

The Licensing Officer presented exempt report ENV896 which concerned whether the applicant was a fit and proper person to be granted a Dual Hackney Carriage and Private Hire Drivers Licence with South Kesteven District Council having failed to meet the requirements of the Hackney Carriage and Private Hire Licensing Policy regarding convictions.  The Licensing Officer informed the Committee of the conviction the applicant held and the Council’s policy in respect of convictions for violence.

The applicant then presented their case and how, since the conviction they had changed their life around.  A character reference letter which had been written by a relative of the applicant was also read out.  Members questioned the applicant in respect of the conviction, whether they pleaded guilty or not guilty and the sentence received and their current circumstances to which the applicant replied and they confirmed that they had a clean driving licence.  The applicant acknowledged the Council’s policy and the timeframe for their conviction but asked for the Committee to consider their application.

The Licensing Officer then gave their closing statement stating that drivers had direct responsibility for the safety of their passengers and the safety of other road users.  They had significant control over passengers who were in their vehicle with passengers that maybe alone and also may be vulnerable, any previous convictions or unacceptable behaviour will weigh heavily against a licence being granted or retained.  Members attention was drawn to Appendix D – Convictions Policy and Part 3 in respect of Hackney Carriage and Private Hire Drivers.  Time periods for convictions were outlined within the report.

The Applicant asked the Committee to consider their application, acknowledging the timeframe for the conviction had not yet passed.

(10:19 the Licensing Officers and Applicant left the meeting)

Members discussed the application before them having regard to the report, representations made, the Council’s Hackney Carriage and Private Hire Licensing Policy, the Department for Transport Statutory Taxi and Private Hire Vehicle Standards and the Councillor Handbook.  One Member felt that the Policy was there for a reason and the time period should be adhered to for the conviction.  Another Member stated that there must be some flexibility otherwise the application would not have been brought before the Committee for the Committee to determine the application.  The Legal Advisor informed the Committee that they could go against the Policy if they had a justified reason to do so, it was also stated that financial hardship was not a material consideration.  Members discussed the incident itself with the majority of Members feeling that the applicant had changed their life and gave the appearance of being more settled since the incident took place.  Members felt that the applicant had put  ...  view the full minutes text for item 49.

There was no other business other than to remind the Committee of the next scheduled meeting on 4 April 2025.

The meeting closed at 10:50am.