Agenda item

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 Licensing Policy together with the Councillor Handbook.  Members expressed concern that the driver did not appear to have “learnt their lesson” by the number of speeding offences that they had received and the Lincolnshire Road Safety Partnership driving assessment tests undertaken. Members did consider a possible suspension but felt that it would not achieve the desired outcome. Members were also conscious that the driver undertook school contracts and that public safety was paramount and it was felt that the only reasonable and proportionate response open to them was that the driver was not a fit and proper person to hold a Hackney Carriage Driver’s Licence, on being put to the vote this was AGREED.

(10:42 the Licensing Officers returned to the meeting)

The Legal Advisor read out the Committee’s decision.  The Committee had considered whether the driver was a fit and proper person to hold a Hackney Carriage Driver Licence having accumulated 12 DVLA points within three years.

The driver was unable to attend the meeting but had sent a letter for the Committee to consider in their absence. The Committee decided to continue to determine the matter in the driver’s absence.

Members heard from the Licensing Officer details of the drivers’ history of speeding and the number of DVLA points accumulated during the course of his current licence and also during the period 2016-2019 when the driver had held a Hackney Carriage Driver’s licence.

The Committee also considered the letter submitted by the driver; giving details of the need to retain a driving licence and that the court had not taken away his driving licence.

In reaching their decision the Committee had taken into consideration the report, appendices, legislation, the Council’s Hackney Carriage and Private Hire Licensing Policy and the Councillor Handbook together with the letter received from the driver. Of particular note to Members was the drivers’ prolific history of speeding, but also the fact that the driver transported children on school contracts. Public safety was of paramount importance, and the Committee held licensed drivers to a high standard in that regard.

Taking everything into consideration, the Committee determined that the driver was not a fit and proper person, and considered it reasonable and proportionate to revoke his Hackney Carriage/Private Hire Driver Licence.

There was a right of appeal of the decision to the Magistrates’ Court within 21 days of receipt of written notice. 

(10:45 Councillor Crawford returned to the meeting)