Agenda and minutes

Apologies for absence were received from Councillor Harrish Bisnauthsing, Councillor Patsy Ellis and Councillor Philip Knowles.

Councillor Helen Crawford declared an interest in respect of agenda item 6 as she was acquainted with the driver and therefore left the meeting during consideration of this item.

The minutes of the meeting held on 26 July 2024 were proposed, seconded and AGREED subject to the following amendment…….

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 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.

(10:14 Councilor Helen Crawford left the meeting)

Report ENV887 from the Licensing Officer.

Decision

The Committee determined that the driver is not a fit and proper person to hold a dual hackney carriage/private hire driving licence pursuant to Section 59 of the Local Government (Miscellaneous Provisions) Act 1976 and Section 51 of the Local Government (Miscellaneous Provisions) Act 1976.

It was confirmed that the driver was not present at the meeting but he had submitted a letter for the Committee to consider in his absence and the Legal Advisor asked the Committee whether they wished to proceed in the driver’s absence.  The Committee AGREED to proceed with the matter.

The Licensing Officer then presented the report which concerned the fitness of a driver to hold a Hackney Carriage driving licence due to the accumulation of 12 DVLA points within a period of three years.  The Licensing Officer stated that the driver had held a Dual Hackney Carriage and Private Hire Driver’s licence with South Kesteven District Council since February 2022.  His current licence was due to expire in February 2025.

The Licensing Officer detailed the history of the receipt of the speeding offences together with the Lincolnshire Road Safety Partnership driving assessment tests that had been undertaken.  The driver had also undertaken a speeding awareness course; however, this was not a requirement of applying for a Hackney Carriage or Private Hire Licence and the Council had not requested that he complete the course.

In July the Licensing Team had chased up an overdue DVLA check code for 2024 and the driver had confirmed that they had just the day before attended court for a further speeding offence in October 2023.  Due to accumulating 12 DVLA points over a three year period the driver had attended the Magistrates Court and due to mitigating circumstances the court had not banned the driver from driving, appendices detailed the circumstances.  The driver had held a licence between March 2018 and December 2021 and the Licensing Officer detailed previous enforcement action during this period.  Expired driving licence endorsements could be considered as the current Hackney Carriage and Private Hire Licensing Policy stated that “Where an applicant has more than one conviction showing a pattern or tenancy irrespective of time since the convictions, serious consideration will need to be given as to whether they are fit and proper”. The driver had submitted a mitigating statement and supporting letter and these were appended to the report.

It was for the Committee to determine whether the driver was a fit and proper person to hold a dual Hackney Carriage/Private Hire driver’s licence taking into account the number of DVLA endorsements since holding a licence with South Kesteven.  The Committee were reminded to have regard to all relevant guidance and policies including the Council’s current Hackney Carriage and Private Hire Licensing Policy and the Department of Transport Standards.

(10:20 the Licensing Officers left the meeting)

Members considered the issue before them, taking in to account the report, appendices, the letter received, legislation and the Council’s Hackney Carriage and Private Hire  ...  view the full minutes text for item 18.

As the driver in respect of agenda item 6 was not present, the Chairman changed the order of the agenda and dealt with agenda item 7 next.

Report ENV889 from the Licensing Manager.

Decision

The Committee determined that the Council’s policy regarding the Driver Proficiency Assessment cannot be waived. However, taking into account that the driver’s vehicle was a specialist and fully wheelchair accessible vehicle, the Committee determined that this element of the policy should be waived in this one instance.

The driver confirmed his name for the Committee.

The Licensing Manager presented the report which asked the Licensing Committee to determine whether the Euro 6 requirement for a wheelchair accessible vehicle and driver proficiency assessment should be adhered to in line with the Hackney Carriage and Private Hire Policy dated June 2024.

Following the issue of the Department for Transport (DfT) of updated Taxi and Private Hire Guidance in November 2023, the Hackney Carriage and Private Hire Licensing Policy was updated and approved by Council on 23 May 2024.  One of the amendments related to the removal of the previous vehicle age limits both at first registration (no older than 5 years) and maximum age limit (10 years), replacing it with a requirement for all vehicles to be Euro 6 compliant, registered after September 2015.

An addition to the policy was to require all drivers, new and existing to undertake a driver proficiency assessment.  The new Policy would be effective from 1 June 2024 for al new applicants, but for existing drivers/vehicles changes would be effective from their next renewal date after 1 August 2024.

The driver before the Committee had a wheelchair accessible hackney carriage which had been licensed since September 2016.  The existing licence expired in September 2024 and having checked the Euro rating the vehicle was only Euro 5 and was not compliant with the Council’s policy.

An email had been received from the driver, appended to the report requesting that the policy requirements for undertaking a driver proficiency assessment be reconsidered together with vehicles being Euro 6 compliant.  The driver had been invited to Committee to present his case.

The driver then made his representation.  In respect of taking a driver proficiency test, they had held a hackney carriage licence for over 19 years.  For the proficiency test, the tester usually sat in the front passenger seat however, in their vehicle that wasn’t possible, and they would have to sit in the back. Courses in respect of the disability awareness courses tended to be on-line and they felt that they were not technology proficient to access these courses, although they had found one organisation to have in person testing, they were not a recommended provider within the SKDC Policy and therefore did not have South Kesteven District Council as a registered contractor.

The drivers then spoke in respect of the requirement for vehicles to be Euro 6 rating.  They felt that the “goal posts” had been moved.  They had bought their vehicle on the understanding that it would be a taxi for a period of 10 years, however with the changes to the Policy this had reduced to seven and therefore had cost implications.  They felt that it  ...  view the full minutes text for item 19.

Report ENV888 from the Licensing Manager.

Decision

The Committee determined that the driver was not a fit and proper person to hold a Hackney Carriage Driver’s Licence pursuant to Section 59 of the Local Government (Miscellaneous Provisions) Act 1976.

The Committee agreed to continue to determine the matter before them in the driver’s absence.

The Licensing Manager presented the report which concerned whether a driver was a fit and proper person to hold a Hackney Carriage Licence having failed to comply with the requirements of the Council’s Hackney Carriage and Private Hire Licensing Policy.

The Licensing Manager stated that the driver had held a Hackney Carriage Drivers Licence with South Kesteven District Council since November 2015.  The licence was due for renewal in November 2024.  An on going requirement to hold a hackney carriage badge was that drivers had to subscribe to the Disclosure and Barring online update service with a valid DBS certificate.  The driver had subscribed to the DBS Update Service and subsequent six monthly checks carried out up to November 2022.  When a check was initiated in May 2023 it was found that the subscription was no longer valid.  The driver was contacted advising that a new DBS certificate was required but no response was received.  Chasing emails were sent and documentation was submitted in August 2023.  It was confirmed that the DBS certificate had been sent to the driver in December 2023.   The driver was notified in November 2023 that the annual driver licence check was required.  Although various reminders had been sent to the driver by telephone and email no response had been received.  The report also detailed previous enforcement action that had been carried out.  Due to the lack of response the driver was invited to attend the Committee and a copy of the report was provided. 

In August 2024 the Licensing Team received an email from the driver enclosing a copy of the DBS certificate and the DVLA driver check code and was advised that they could not attend the Committee.  On reviewing the DBS certificate and DVLA check code issues were found as outlined in the supplementary report circulated.  The driver now had nine DVLA penalty points which had not been notified to the Authority as required by the Hackney Carriage and Private Hire Policy.

Questions were asked of the Licensing Manager in respect of notice periods and when the driver had been contacted to which the Licensing Manager replied.

The Licensing Manager then gave her closing statement asking Members to consider the report and supplementary papers circulated and determine whether the driver remained a fit and proper person to hold a Hackney Carriage Drivers Licence.

(12:10 Licensing Officers left the meeting)

Members considered the issue before them having regard to the report and appendices, relevant guidance and the Council’s Hackney Carriage and Private Hire Licensing Policy.  Members were concerned about the lack of communication on the driver’s behalf with the Authority and what seemed a lack of understanding in knowing what was expected of him as a  ...  view the full minutes text for item 20.

None.

The meeting closed at 12:25.