Agenda item

Report ENV897 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 Policy and they were not a fit and proper person to hold a licence pursuant to Section 59 of the Local Government (Miscellaneous Provisions) Act 1976 and the Committee revoked the Hackney Carriage Drivers Licence.

It was confirmed that the driver was not in attendance.

The Licensing Officer presented exempt report ENV897 which concerned whether a Hackney Carriage Driver remained a fit and proper person to hold a Hackney Carriage Drivers Licence with South Kesteven District Council having failed to meet the requirements of the Hackney Carriage and Private Hire Licensing Policy regarding submitting a DVLA check code on an annual basis and subscribing to the DBS update service to allow six monthly checks to on the DBS.  The driver had held a licence since November 2022 and had complied with the necessary checks until June 2024.  The driver had been contacted in November 2024 and was advised that the DBS certificate was no longer registered, no response was received.

The driver was contacted again in February 2025 to say that the DVLA check was overdue and that the DBS certificate was still outstanding. The driver was notified that if no response was received their licence would be brought before the Committee.  No response was received.

A question was asked whether any contact had been made with the driver. The Licensing Officer stated that the driver had indicated that they were no longer driving and they had been advised to hand their badge in or attend the meeting but no further contact had been made.

The Licensing Officer then gave their closing statement.   Each application was to be determined on its own merits.  Committee should have regard to the report, any representation made and all relevant policies including the Council’s Hackney Carriage and Private Hire Licensing Policy and the Department of Transport Standards and relevant guidance.  An enhanced DBS is required by all new applications and a check was made by Licensing Officers every six months for existing drivers.  Following the implementation of the Policy all existing drivers were required to subscribe to the DBS Update Service and maintain the subscription throughout the currency of their licence.

At first application and each renewal, the applicant confirms that they have read and understood the Hackney Carriage and Private Hire Policy, Byelaws and Hackney and Private Hire “Code of Good Conduct”.

(10:12 the Licensing Officers left the meeting)

The Committee considered the issue before them having regard to the content of the report and all relevant policies and guidance. It was proposed that the driver was not a fit and proper person to hold a Hackney Carriage licence and their licence should be revoked.  A comment was made about the enforcement of handing the badge back in and it was confirmed that any decision made was appealable to the Magistrates Court within 21 days of written notification of the decision.  The proposal to revoke the licence was seconded and on being put to the vote agreed.

(10:18  the Licensing Officers returned to the meeting)

The Legal Advisor read out the Committee’s decision.  The Committee had considered the report before them.  The Committee had determined that the driver had failed to provide confirmation that they had subscribed to the DBS update service to enable six monthly checks to be made and had also failed to provide a DVLA share code in accordance with the requirement of South Kesteven District Council’s Hackney Carriage and Private Hire Policy.  The Committee decided that the applicant did not meet the requirements of the policy and they were not a fit and proper person to hold a licence pursuant to Section 59 of the Local Government (Miscellaneous Provisions) Act 1976 to hold a Hackney Carriage licence.  The Committee, therefore, decided that the driver’s Hackney Carriage Drivers Licence should be revoked.

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