Agenda item

Report ENV910 from the Licensing Officer.

Decision

The Committee determined that the driver had not complied with South Kesteven District Council’s Hackney Carriage and Private Hire Licensing Policy and had therefore decided that the driver was not a fit and proper person to hold a licence and that their licence should be revoked.

It was confirmed that no confirmation had been received from the driver in respect of their attendance at Committee.

The Licensing Officer presented exempt report ENV910 which concerned whether a Hackney Carriage Driver remained a fit and proper person to hold a licence having failed to meet the requirements of the Council’s Hackney Carriage and Private Hire Licensing Policy by failing to provide the annual DVLA check code and maintaining their DBS subscription or registering for a new DBS certificate.

The Licensing Officer stated that the driver had held a Hackney Carriage Drivers licence with South Kesteven District Council since May 2012.  In April 2021 the Taxi Policy introduced the requirement for drivers to register their DBS certificates for the DBS Update Service enabling Licensing Officers to undertake six monthly checks.  This requirement replaced the old requirement for a DBS check every three years.

The driver had a new DBS certificate issued in August 2021 as part of their renewal application.  The certificate issued was a manual certificate which although was different to an automated certificate the application had the exact same checking process.

A manual DBS certificate prevented a driver from signing up to the Update Service.  If a manual certificate is used after an Update Service subscription had been paid for a refund would be issued.

An applicant would at the next six monthly check need to reapply and pay for a new DBS certificate, initially there was no policy to refund payments so South Kesteven District Council had agreed to cover the costs in this instance. The driver again received a manual DBS certificate in July 2022 which meant they could not join the Update Service.

The driver was requested to provide a new DBS certificate in November 2023.  The Council confirmed with the DBS service that refunds of the fee paid for those still receiving manual certificates and unable to join the Update Service were still being carried out.

No response or completed form was received from the driver by January 2024.  The driver was contacted and a string of emails followed which were appended to the report where the driver was in dispute with the DBS service regarding fees paid.  It was explained to the driver that his dispute was with the DBS service and that the Council could not intervene.   

A completed DBS was brought in as part of the drivers May 2024 renewal application.

The DBS application was submitted to the DBS.  The driver was contacted in July 2024 to chase remaining supporting documents including a new DBS certificate.  Further emails followed with the driver disputing that the DBS certificate had been sent to him by the DBS Service.  Although it was no longer a manual certificate the cut off point for subscribing to the Update Service had passed.

The driver was advised that unless they could resolve their dispute with the DBS a new DBS certificate would be required in six months.    The driver was contacted in March 2025 and given a deadline to make an appointment with Customer Services to bring in a new DBS application.  No response was received.  A final email was sent with a further deadline stating that they would be referred to the Licensing Committee if information was not received.  No response by email or telephone was received.  A further email and call to the driver was made in June stating that they would be referred to Committee. 

At the time of writing the report it was noted that the DVLA check code for 2025 was also outstanding.  A reminder letter was sent to the drivers home address in April 2025 to date this has not been sent in to the Licensing Section.

The Licensing Officer then listed further enforcement, non-compliance and late submission of documentation in relation to the driver that had taken place and was listed within the report.

Clarification was sought about the notes on the drivers record and also in relation to the DBS service to which the Licensing Officer replied.

The Licensing Officer gave their closing statement referring to the requirements as outlined within the Council’s licensing policy in respect of the Disclosure and Barring Service, as outlined in the report and what was expected of both new and existing drivers again as outlined within the report.

Members were reminded that each application should be determined on its own merits having regard to the Council’s Hackney Carriage and Private Hire Licensing Policy and the Department of Transport Standards and relevant guidance.

(1:05 the Licensing Officers and the Head of Public Protection left the meeting)

Members discussed the driver before them having regard to the report and all relevant policies and guidance.  Members acknowledged that the driver appeared to have had on going issues with the subscription service but had not supplied any evidence to support this and had not attended the meeting to give any mitigation.  The Hackney Carriage and Private Hire Licensing Policy was clear in relation to procedures in respect of supplying DBS check codes and subscribing to the service.  It was proposed, seconded and agreed that the driver was not a fit and proper person to hold a Dual Drivers licence and that their licence be revoked.

(1:11pm the Licensing Officers and the Head of Public Protection returned to the meeting)

The Legal Advisor read out the Committee’s decision.

The Committee considered the report provided by the Licensing Officer and all relevant policies and guidance.

The Committee noted that the driver had a history of issues with submitting an updated DBS certificate. The Committee noted that the driver had problems with the DBS service, but this did not negate their obligations under the South Kesteven District Council’s Hackney Carriage and Private Hire Licensing Policy. The Committee noted that the driver currently had not submitted an updated DBS certificate despite requests and reminders from the Licensing Department. 

The Committee noted that the driver had a history of other enforcement, non-compliance, late submission of documents and South Kesteven District Council penalty points being issued against them. The Committee also noted that the driver had not provided any documentary evidence to substantiate their position regarding the subscription service. The Committee determined that the driver had not complied with South Kesteven District Council’s Hackney Carriage and Private Hire Licensing Policy and had therefore decided that the driver was not a fit and proper person to hold a licence and that their 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