Agenda item

Report ENV898 from the Licensing Officer.

Decision

The Committee determined 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 ENV898 which concerned whether a driver remained a fit and proper person to hold a Hackney Carriage Drivers licence having failed to meet the requirements of the Council’s Hackney Carriage and Private Hire Licensing Policy regarding the submission of a DVLA check code on an annual basis.

The driver had held a licence since April 2005 and there had been no issues up until October 2024.  In October 2024 the driver was contacted and advised that his DVLA check was overdue. No response was received from the driver. 

In November 2024 the driver was issued with four South Kesteven District Council penalty points for failure to provide a DVLA check code.    No further communication had been received from the driver even though a reminder in respect of the April 2025 check was sent in March 2025.

A question was asked about the check that was carried out in April 2024 and the Licensing Officer confirmed that this had not been completed.  A question was asked about whether there had been any communication with the driver since April 2024. The Licensing Officer stated that they had been seen smoking in their vehicle in January 2025 but the Council had received no response to their email correspondence regarding this.

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. 

All driving licences are checked annually with the DVLA.  Drivers are required to provide the necessary “check code” to the Licensing Team. It was for the Committee to determine whether the driver remained a fit and proper person to hold a Hackney Carriage driving licence with South Kesteven District Council.

(10:24 the Licensing Officers left the meeting)

Members discussed the driver before them having regard to the report, the Council’s Hackney Carriage and Private Hire Licensing Policy and the Department of Transport Standards and relevant guidance.  A comment was made about how licences were retrieved if a licence was revoked and it was suggested that the Licensing Officers were asked this when they returned to the meeting, although it was stated that if the decision was appealed to the Magistrates Court the driver did have 21 days from written notification.  A further comment was made in respect of the type of correspondence with drivers but it was felt that if they ran a business then corresponding by email should be expected.

One of the Licensing Committee Members (Cabinet Member for Governance and Licensing) reminded the Committee that as part of the budget setting process 2025/26 an extra Licensing Support Officer had been agreed.

Members noted that there were strict conditions in respect of holding a Hackney Carriage drivers licence which the driver had to adhere too and the responsibility was on the driver.  It was proposed, seconded and agreed that the driver was not a fit and proper person to hold a Hackney Carriage drivers licence and that the licence should be revoked.

(10:34 Licensing Officers return to the meeting)

The Legal Advisor asked the Licensing Officer for clarification in respect of a revoked licence and how this was retrieved.   It was stated that the information was contained within the revocation letter about handing the badge in at the offices, if necessary, Officers would visit and retrieve the badge.

The Legal Advisor then read out the Committee’s decision.  The Committee had considered the report and the relevant guidance and policies and determined that the driver had failed to provide a DVLA share code in accordance with the requirement of the South Kesteven District Council’s Hackney Carriage and Private Hire Licensing Policy.

The Committee decided that the driver 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 Local Government (Miscellaneous Provisions) Act 1976 in relation to Hackney Carriage drivers.  The Committee, therefore decided that the hackney Carriage driver’s licence should be revoked.

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