Agenda and minutes

Apologies for absence was received from Councillors Patsy Ellis, Jane Kingman, Philip Knowles and Pam Bosworth.

None disclosed.

Minutes from the meeting held on 19 May 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 the relevant paragraphs 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 items of business in accordance with Section 100A(4) of the Local Government Act 1972 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.

Committee to determine whether a driver remains a fit and proper person to hold a licence, report ENV938 from the Licensing Officer.

Decision

The Committee notes the previous decision notice dated 07 October 2025, which incorrectly stated the Authority’s policy guideline as requiring a minimum period of seven years from the date of conviction. For clarity, the correct policy Appendix D of the Convictions Policy - 3.  requires a period of seven years from the date of sentence completion, which in this instance will not be reached until March 2027.

Notwithstanding this administrative clarification, the overarching statutory requirement dictates that an applicant must satisfy the Committee that they are a 'fit and proper person'. The Authority's policy timeline serves as a minimum expected baseline, not a guarantee of approval once elapsed. The Committee determined that no mitigating circumstances have been provided to justify a departure from the correct policy.

The Committee therefore determined that the Applicant did not currently meet the policy requirement and his application is refused. The Committee would remind the Applicant that in accordance with policy, there is a minimum time period since completion of a sentence before an Applicant will be considered for a licence which in this case will not be until March 2027.

The Applicant was present at the meeting.

The Licensing Officer presented exempt report ENV 938 which concerned whether a driver was a fit and proper person to be granted a Dual Hackney Carriage and Private Hire Drivers Licence with South Kesteven District Council (SKDC), having previously been refused a Dual Hackney Carriage and Private Hire Driver Badge by SKDC and having failed to meet the South Kesteven District Council (SKDC) Hackney Carriage and Private Hire Driver Policy regarding convictions.

On 29th February 2024, the Licensing Team received an application for a Dual Hackney Carriage and Private Hire Driver’s Licence from the driver. 

On the application there were three declared convictions for driving offences; Using a vehicle whilst uninsured (IN10), driving whilst above the drug limit (DG10) and a further conviction with no explanation that accrued 6 DVLA penalty points. Following a telephone conversation, the driver chose to withdraw his application, and a full refund was issued.

The driver reapplied on for a Dual Hackney Carriage and Private Hire drivers badge on 7th May 2025. The application also showed the 3 convictions.

It was noted that his DVLA driving licence carried an endorsement of 6 penalty points for the offence code MS90 – Failure to give information as to identity of driver, dated 22nd June 2022. The driver outlined the circumstances relating to how this offence occurred. This endorsement was due to be removed from his DVLA check on 22nd June 2026.  

Upon receipt of the drivers DBS certificate, it was confirmed that he had two

convictions recorded. One conviction was for using a vehicle without insurance (Driving licence endorsed, £100 fine and victim surcharge imposed), and the other was for driving a motor vehicle while over the limit for a controlled drug (Disqualified from driving for 12 months and £100 fine imposed). Both convictions occurred on 15th March 2019.

On 30th September 2025  ...  view the full minutes text for item 5.

Committee to determine whether a driver remains a fit and proper person to hold a licence, report ENV940 from the Licensing Officer.

Decision

In determining whether an applicant is a fit and proper person, the Council has applied its adopted Hackney Carriage and Private Hire Licensing Policy.

The Council’s policy states that an application for a licence will not normally be considered until a period of at least 7 years has elapsed since the date of the completion of a sentence.

In accordance with the Council's policy, the applicant will not meet this requirement until October 2026.

As the applicant does not currently meet the 7-year policy requirement, the Committee cannot be satisfied that he is a fit and proper person to hold a licence.

The Committee does not consider there to be any mitigating circumstances at this time to depart from policy, therefore the application is refused.

The Applicant was present at the meeting.

The Licensing Officer presented exempt report ENV 940 which concerned whether a driver was a fit and proper person to be granted a Dual Hackney Carriage and Private Hire Drivers Licence with South Kesteven District Council (SKDC), having failed to meet the South Kesteven District Council (SKDC) Hackney Carriage and Private Hire Driver Policy regarding convictions.

On 30th March 2026, the Licensing Team received an application for a Dual Hackney and Private Hire Driver’s Licence from the applicant. 

On the application form, there was a declared driving disqualification (DR10) from 2016 which resulted in a 3-year driving ban. No other convictions or

driving offences were declared or shown on the DVLA check.  

Upon receipt of the applicant’s DBS certificate on 16th June 2026, it was confirmed that he had two convictions recorded for four offences, in 2016 and 2017. 

The first conviction was on 12th October 2016 for offences on 24th September 2016 under the Road Traffic Act 1988 S.5(1)(A), namely driving a motor vehicle with excess alcohol (Disqualified from driving for 36 months and fine of £300 with costs and victim surcharge imposed). The second offence was under the Public Order Act 1986 S.5(1)(A)+S.5(6), namely use threating/abusive words/behaviour likely to cause harassment/alarm or distress (Fine £100). 

The applicant provided an outline regarding the circumstances that

led to the first conviction resulting in the driving ban, which was provided to the Committee for consideration.

The second conviction was on 16th June 2017 for offences on 20th May 2017 under the Road Traffic Act 1988 S.143(2), namely using a vehicle while uninsured (Driving licence endorsed, costs and absolute discharge imposed). The second offence was under the Road Traffic Act 1988 S.103(1)(B), namely driving whilst disqualified (Absolute discharge and disqualified from driving for a discretionary 1 month).

The applicant had provided further clarification regarding the second conviction. 

Clarification was sought around drug testing for this applicant.

The Licensing Officer confirmed a form had been completed by the applicant’s GP around any history of drugs and alcohol and these boxes had been ticked as ‘no’. There was no requirement for an applicant to undertake an independent additional test within the Council’s policy.

The Committee heard from the driver  ...  view the full minutes text for item 6.

None.

The meeting closed at 11:22am.