Agenda item

Report ENV901 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 Licensing Policy and they were not a fit and proper person to hold a licence pursuant to Section 51 and Section 59 of the Local Government (Miscellaneous Provisions) Act 1976 and the Committee revoked the Dual Hackney Carriage/Private Hire Drivers Licence.

The driver was not in attendance.

The Licensing Officer presented exempt report ENV901 which concerned whether a driver remained a fit and proper person to hold a Dual Hackney Carriage and Private Hire Drivers Licence with South Kesteven District Council having failed to meet the requirements of the Council’s Hackney Carriage and Private Hire Licensing Policy.

The driver had held a Dual (Hackney Carriage/Private Hire) drivers licence with South Kesteven District Council since June 2023 and had complied with the policy requirements previously.  The DBS check was carried out at first application and again in November 2023.  The check for August 2024 showed that the certificate was not registered on the DBS update service.  The driver was contacted advising them that the DBS certificate was no longer registered and a new DBS application was required to be completed. No response was received.   In March 2025 the driver was again contacted regarding his DBS and again no response was received.

A question was asked in relation to the timeframe to which the Licensing Officer responded.

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 with all new applications and a check made by the Licensing Officers every six months for existing drivers.  Following the implementation of the policy, all existing drivers are required to subscribe to the DBS Update Service and maintain the subscription throughout the currency of their licence.

Due to the drivers failure to provide the necessary DBS certificate as required by the Council’s Hackney Carriage and Private Hire Licensing Policy, it was for the Committee to determine whether the driver remained a fit and proper person to hold a Dual, Hackney Carriage/Private Hire driving licence with South Kesteven District Council.

(10:40 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. 

Members noted that the driver had failed to comply with the requirements of the Council’s Hackney Carriage and Private Hire Licensing Policy in respect of the subscribing to the DBS certificate checks and it was proposed, seconded and agreed that the driver was not a fit and proper person to hold a Dual Hackney Carriage/Private Hire drivers licence and that the licence should be revoked.

(10:43 the Licensing Officers returned to the meeting)

The Legal Advisor read out the Committees decision.  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 in accordance with the requirement of the Council’s Hackney Carriage and Private Hire Licensing Policy. The Committee had therefore decided that the driver does not meet the requirements of the policy and they were not a fit and proper person to hold a licence pursuant to Sections 51 and 59 of the Local Government (Miscellaneous Provisions) Act 1976.

The Committee had determined that the driver’s Dual Hackney Carriage and Private Drivers Licence should be revoked.

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