Agenda item

Local Government (Miscellaneous Provisions) Act 1976 - ENV 788

Committee to determine whether the applicant remains a fit and proper person to be a licensed Dual Hackney Carriage and Private Hire driver with South Kesteven District Council.

 

Minutes:

To determine whether a driver remains a fit and proper person to be a licensed dual hackney carriage and private hire driver with South Kesteven District Council.

 

RECOMMENDATION:

 

It is recommended that the Committee consider the report and appendices attached to the report and any further information the driver may provide at the hearing and determine whether:

 

a)         the previously issued Dual Hackney Carriage and Private Hire Drivers licence be revoked, in line with legislation, as the continued right to work within the UK could not be ascertained.

 

The Licensing Officer presented report ENV 788 relating to whether the driver remained a fit and proper person to be a licensed Dual Hackney Carriage and Private Hire driver.

 

It was reported that several attempts to contact the driver were made by letter and email since 23 March 2021.  Although the Licensing Team received a screenshot of the driver’s settlement status, a share code had not been provided for the Authority to check.  Further contact with the driver failed to provide the share code and on 11 August 2021, an email was sent to confirm that without a share code confirming settlement status, the driver would not be able to continue driving a Hackney Carriage or Private Hire vehicle.

 

The Chairman invited Members of the Committee to ask any questions following presentation of the report.

 

The following questions were raised:

 

·            How the driver’s licence would be retrieved if the Members decided to revoke it.

 

It was confirmed that the Licensing Team would write to the driver and request that the licence to be returned to the Licensing Authority.  A visit would be undertaken if no response was received in a timely manner. 

 

·            An explanation of what the required ‘share code’ was.

 

As part of an individual’s settlement status within the UK, the Licensing Authority had to check that they had the right to work in the UK.  The share code provided the ability for officers to check all the required documentation.

 

·            Was it was possible to check if the driver had continued to drive with the licence issued and whether the driver understood what was required.

 

Officers advised that it was possible the driver may be driving on a freelance basis.  The driver was aware of the requirements, as a copy of settlement status had been provided but the driver failed to supply the Licensing Team with the right to work share code which had been requested.  The share code provided the ability to check that the document was authentic, through official channels.

 

The Licensing Officer gave a closing statement and Members were asked to consider the report and appendices before them.

 

(At 10.12am the Licensing Officers left the meeting)

 

The Committee considered the report and appendices before them and all relevant legislation, guidance and policies.

 

As no confirmation was given that the driver was still resident in the UK or had the required proof of settlement status, it was unanimously agreed that the driver was not a fit and proper person to be licensed as a dual hackney carriage and private hire driver and the licence be revoked.

 

(At 10.16 the Licensing Officers returned to the meeting)

 

The Legal Executive read out the Committee’s decision.

 

DECISION:

 

Having taken into consideration the report, legislation, Department of Transport Standards and Councillors handbook the Committee consider that the driver is not a fit and proper person to be licensed as a dual hackney carriage and private hire driver as the continued right to work within the UK cannot be ascertained and the Licence be revoked.

 

The applicant had 21 days to appeal the decision.