Agenda item

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  When a check was initiated in May 2023 it was found that the subscription was no longer valid.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 licensed hackney carriage driver, especially as he had held a licence since 2015.  It was felt that a reasonable and proportionate response was that the driver was not a fit and proper person to hold a Hackney Carriage Driver’s licence and the licence be revoked.  On being put to the vote this was unanimously AGREED.

(12:25 the Licensing Officers returned to the meeting)

The Legal Advisor read out the Committees decision.  The Committee had taken into consideration the report, supplementary papers, legislation and the Council’s Hackney Carriage and Private Hire Licensing Policy.  Members heard from the Licensing Manager who detailed the driver’s history of failing to provide their DBS certificate and check codes, also their previous history of receiving SKDC penalty points for failing to follow procedure such as failing to disclose convictions for speeding to the Authority.   Members heard that recently submitted documents by the driver were out of date and disclosed a further speeding conviction.

Of particular note to the Committee was the fact that the driver had been licensed since 2015, and so should know the rules and procedures that the Authority required them to comply with, and despite this, the driver repeatedly failed to do so and it was also noted that the driver had failed to disclose a further speeding offence.

Taking everything into consideration, the Committee determined that the driver was not a fit and proper person to hold a Hackney Carriage Drivers Licence and it was reasonable and proportionate to revoke the licence.

The decision was appealable to the Magistrates Court within 21 days of receipt of the written notice.