Agenda item

Report ENV909 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 Licensing Policy and that they were not a fit and proper person to hold a licence.

The Committee therefore decided to revoked the driver’s Dual Hackney Carriage and Private Hire Drivers Licence.

It was confirmed that the driver was not in attendance at the meeting.

The Licensing Officer presented exempt report ENV909 which concerned whether a driver remained a fit and proper person to hold a Dual Hackney Carriage and Private Hire Driver Licence with South Kesteven District Council having failed to meet the requirements of the Hackney Carriage and Private Hire Licensing Policy by maintaining the DBS subscription or registering for a new DBS certificate.

The driver had held a Dual Hackney Carriage and Private Hire Drivers licence with South Kesteven District Council since January 2017.  There was a history of non-compliance and late submission of documents being sent to the authority and these were highlighted within the report and included:

·       Four SKDC penalty points issued in February 2018 for Offence 8 – failure to produce relevant documents within timescale.  Following the Points notification document being sent the certificates were provided.

·       In March 2022 the driver had been chased to provided his overdue DVLA check code which had been due in January 2022.  Following the chasing of the driver the check code was provided.

·       In March 2023 voicemail chasers had been made by Officers in respect of refresher training for “Safeguarding Everyone in Lincolnshire” and “Tackling Exploitation and Modern Slavery” certificates which form part of renewal documents.  A medical certificate was also outstanding.  The driver was informed that penalty point would be issued if the certificates were not sent within seven days.  The certificates were provided within the time period.  The medical appointment was not available until April 2023.  Again following the appointment date Officers had to chase the driver for the medical certificate which was handed in May 2023.

·       In April 2024 the six monthly online DBS subscription check failed.  The driver was advised that a new DBS form was required to maintain the subscription.  The driver advised that Lincolnshire County Council had already processed a new DBS and they would re-subscribe using this.  A new certificate was seen and checked in May 2024 with subsequent checks carried out in July and December 2024.

·       In February 2025 the driver was chased for their overdue manual DVLA check code which was due in January 2025.  The check code was eventually provided at the end of February 2025.

·       In June the six monthly online DBS check was attempted to be carried out, however a failure message was displayed which indicated that the subscription had not been maintained.  The driver was emailed the same day detailing that a new DBS form would be posted to them and the completed form should be taken to Customer Services no later than 13 June 2025.  Documents were posted to the drivers home address.  No response had been received to these documents.  Chaser emails and telephone calls were made on 25 June 2025 confirming that the drivers badge would be referred to the Licensing Committee unless the driver contacted the authority.

One Member asked if any contact had been made by the driver since the report had been written.  The Licensing Officer confirmed that no contact of any kind had been received by the driver.

The Licensing Officer gave their closing statement and reminded Members that each applications should be determined on its own merits.  Members were referred to the Hackney Carriage and Private Hire Licensing Policy in respect of the Disclosure and Barring Service at 3.94 and also the Application Procedures as outlined at Appendix C 2.5  and 4.1.5 of the Hackney Carriage and Private Hire Licensing Policy together with Appendix J in relation to the Penalty Point Scheme. 

The Committee must have regard to all the relevant policies including the Council’s Hackney Carriage and Private Hire Licensing Policy and the Depart of Transport Standards and relevant guidance.

(12:44 the Licensing Officers and the Head of Public Protection left the meeting)

Members discussed the driver before them having regard to all the relevant policies and guidance.  It was noted that the driver had a history of non-compliance with submitting paperwork on time as required by the Council’s Hackney Carriage and Private Hire Licensing Policy and that he had failed to attend the meeting to offer any mitigation.  Members felt that the driver was not a fit and proper person to hold a Dual Drivers licence.  On being put to the vote it was unanimously agreed to revoke the driver’s Dual Hackney Carriage and Private Hire driver’s licence.

(12:46  the Licensing Officers and Head of Public Protection returned to the meeting)

The Legal Advisor read out the Committee’s decision.

The Committee had considered the report provided by the Licensing Officer.

The Committee had determined that the driver had not maintained their subscription to the DBS update service to enable 6 monthly checks to be made in accordance with the requirement of the Council’s Hackney Carriage and Private Hire Licensing Policy.  Furthermore they had a history of non-compliance, late submission of documents and South Kesteven District Council penalty points being issued against his licence. The Committee decided 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.

The Committee therefore decided that the Driver’s Dual Hackney Carriage and Private Hire Drivers Licence should be revoked.

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