Agenda and minutes

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

None disclosed.

Minutes of the meeting held on 17 June 2025 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 100A(4) of the Local Government Act 1972 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 to them.

Report ENV909 from the Licensing Officer.

Decision

The Committee decided that the driver did not meet the requirements of the Council’s Hackney Carriage and Private Hire Licensing Policy and that they were not a fit and proper person to hold a licence.

The Committee therefore decided to revoked the driver’s Dual Hackney Carriage and Private Hire Drivers Licence.

It was confirmed that the driver was not in attendance at the meeting.

The Licensing Officer presented exempt report ENV909 which concerned whether a driver remained a fit and proper person to hold a Dual Hackney Carriage and Private Hire Driver Licence with South Kesteven District Council having failed to meet the requirements of the Hackney Carriage and Private Hire Licensing Policy by maintaining the DBS subscription or registering for a new DBS certificate.

The driver had held a Dual Hackney Carriage and Private Hire Drivers licence with South Kesteven District Council since January 2017.  There was a history of non-compliance and late submission of documents being sent to the authority and these were highlighted within the report and included:

·       Four SKDC penalty points issued in February 2018 for Offence 8 – failure to produce relevant documents within timescale.  Following the Points notification document being sent the certificates were provided.

·       In March 2022 the driver had been chased to provided his overdue DVLA check code which had been due in January 2022.  Following the chasing of the driver the check code was provided.

·       In March 2023 voicemail chasers had been made by Officers in respect of refresher training for “Safeguarding Everyone in Lincolnshire” and “Tackling Exploitation and Modern Slavery” certificates which form part of renewal documents.  A medical certificate was also outstanding.  The driver was informed that penalty point would be issued if the certificates were not sent within seven days.  The certificates were provided within the time period.  The medical appointment was not available until April 2023.  Again following the appointment date Officers had to chase the driver for the medical certificate which was handed in May 2023.

·       In April 2024 the six monthly online DBS subscription check failed.  The driver was advised that a new DBS form was required to maintain the subscription.  The driver advised that Lincolnshire County Council had already processed a new DBS and they would re-subscribe using this.  A new certificate was seen and checked in May 2024 with subsequent checks carried out in July and December 2024.

·       In February 2025 the driver was chased for their overdue manual DVLA check code which was due in January 2025.  The check code was eventually provided at the end of February 2025.

·       In June the six monthly online DBS check was attempted to be carried out, however a failure message was displayed which indicated that the subscription had not been maintained.  The driver was emailed the same day detailing that a new DBS form would be posted to them and the completed form should be taken to Customer Services no later than 13 June 2025.  Documents were posted to the drivers home address.  No  ...  view the full minutes text for item 11.

Report ENV910 from the Licensing Officer.

Decision

The Committee determined that the driver had not complied with South Kesteven District Council’s Hackney Carriage and Private Hire Licensing Policy and had therefore decided that the driver was not a fit and proper person to hold a licence and that their licence should be revoked.

It was confirmed that no confirmation had been received from the driver in respect of their attendance at Committee.

The Licensing Officer presented exempt report ENV910 which concerned whether a Hackney Carriage Driver remained a fit and proper person to hold a licence having failed to meet the requirements of the Council’s Hackney Carriage and Private Hire Licensing Policy by failing to provide the annual DVLA check code and maintaining their DBS subscription or registering for a new DBS certificate.

The Licensing Officer stated that the driver had held a Hackney Carriage Drivers licence with South Kesteven District Council since May 2012.  In April 2021 the Taxi Policy introduced the requirement for drivers to register their DBS certificates for the DBS Update Service enabling Licensing Officers to undertake six monthly checks.  This requirement replaced the old requirement for a DBS check every three years.

The driver had a new DBS certificate issued in August 2021 as part of their renewal application.  The certificate issued was a manual certificate which although was different to an automated certificate the application had the exact same checking process.

A manual DBS certificate prevented a driver from signing up to the Update Service.  If a manual certificate is used after an Update Service subscription had been paid for a refund would be issued.

An applicant would at the next six monthly check need to reapply and pay for a new DBS certificate, initially there was no policy to refund payments so South Kesteven District Council had agreed to cover the costs in this instance. The driver again received a manual DBS certificate in July 2022 which meant they could not join the Update Service.

The driver was requested to provide a new DBS certificate in November 2023.  The Council confirmed with the DBS service that refunds of the fee paid for those still receiving manual certificates and unable to join the Update Service were still being carried out.

No response or completed form was received from the driver by January 2024.  The driver was contacted and a string of emails followed which were appended to the report where the driver was in dispute with the DBS service regarding fees paid.  It was explained to the driver that his dispute was with the DBS service and that the Council could not intervene.   

A completed DBS was brought in as part of the drivers May 2024 renewal application.

The DBS application was submitted to the DBS.  The driver was contacted in July 2024 to chase remaining supporting documents including a new DBS certificate.  Further emails followed with the driver disputing that the DBS certificate had been sent to him by the DBS Service.  Although it was no longer a manual  ...  view the full minutes text for item 12.

None.

The meeting closed at 1:14pm.