Agenda item

Report ENV915 from the Licensing Officer.

Decision

The Committee determined that the Applicant’s application for a Dual Hackney Carriage and Private Hire Drivers Licence should be refused and that the Applicant should not expect to be considered for a licence until the seven years from the date of their conviction had elapsed.

The Chairman introduced those present and confirmed the name of the Applicant.

The Licensing Officer presented exempt report ENV915 which concerned whether an applicant was a fit and proper person to hold a Dual Hackney Carriage and Private Hire Drivers Licence having failed to meet the requirements of the Council’s Hackney Carriage and Private Hire Licensing Policy.

An application for a Dual driving licence had been received from the Applicant in February 2024 which had three convictions for driving offences declared.  One of the offences had been for six penalty points but not explanation.  Following a telephone call with a member of the Licensing Team the Applicant had withdrawn the application. 

The Applicant had reapplied in May 2025 and the three driving convictions were still declared.  Upon receipt of the DBS certificate it confirmed two convictions which had occurred in March 2019 one for using a vehicle without insurance and other for driving a motor vehicle whilst over the limit for a controlled drug.  No further details regarding the convictions had been received.

In accordance with the Council’s Hackney Carriage and Private Hire Licensing Policy, convictions for drug driving or major traffic offences require a period of seven years to have elapsed before an applicant can be granted a licence without referral to the Licensing Committee.  The time period for the offences were as shown in paragraph 3.3 of the report.

Clarity was asked in relation to the seven year time period to which the Licensing Officer responded.

The Applicant then made their representation and detailed the background to receiving the convictions for the driving offences and answered Members questions thereon. 

The Licensing Officer gave their closing statement reminding the Committee to have regard to the representations made, the Council’s Hackney Carriage and Private Hire Licensing Policy together with the Department of Transport Standards and relevant guidance.

(11:40 the Licensing Officers and Applicant left the meeting)

Members discussed the application before them having regard to all relevant policies and guidance and the representations made.  Members noted that no mitigation was given by the Applicant and there were no exceptional circumstances for the Committee to deviate from the Council’s Policy in relation to the convictions which the Applicant had.  The Legal Advisor stated that Licensing Officers had no delegation to refuse an application which was why it had come before the Committee. It was noted that the policy stated that seven years needed to have elapsed following certain convictions and the completion of the sentence and it was therefore, proposed, seconded and agreed to refuse to grant a Dual Hackney Carriage and Private Hire Drivers licence.

(11:48 the Licensing Officers and Applicant returned to the meeting)

The Legal Advisor read out the Committee’s decision.

The Committee had considered the report provided by the Licensing Officer and representations provided by the Applicant and all other relevant guidance.

The Committee noted that South Kesteven District Council’s Hackney Carriage and Private Hire Licensing Policy states that following a driving offence related to driving under the influence of controlled drugs, there is a minimum time period of seven years following the conviction before a licence should be granted.

The Applicant had not presented any exceptional circumstances that would justify a departure from the Council’s adopted policy.

The Committee therefore determined that the Applicant’s application for a Dual Hackney Carriage and Private Hire Drivers Licence should be refused and that the Applicant should not expect to be considered for a licence until the 7 years from the date of their conviction had elapsed.

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