Agenda item

Committee to determine whether a driver remains a fit and proper person to hold a licence, report ENV936 from the Licensing Officer.

Decision

The Committee decided to depart from the Council’s Hackney Carriage and Private Hire Licensing Policy in this instance and in their view,  the circumstances were exceptional to justify such a departure and that the driver remained a fit and proper person to hold a Dual Hackney Carriage and Private Hire Drivers licence.

The Chairman introduced those present and confirmed who would be speaking in respect of the matter before the Committee.  The driver was present together with a family representative.

The Licensing Officer presented exempt report ENV936 which was for the Committee to determine whether the driver remained a fit and proper person to hold a Dual Hackney Carriage and Private Hire Drivers’ Licence, a Private Hire Operators licence and a Private Hire Vehicle licence with South Kesteven District Council after receiving a six month driving ban in court for totting up of penalty points.

The driver had held a Dual Hackney Carriage and Private Hire Drivers Licence with South Kesteven District Council since November 2023, a private hire operator licence since February 2024 and a private hire vehicle licence since September 2025.

In April 2026 the Licensing Team had received an email from the driver with the outcome of a court hearing which advised that the driver had been disqualified from driving for six months and had also incurred a fine.  The ban was due to the totting up procedure of obtaining 13 penalty points on their DVLA licence.

An email was sent to the driver requesting further information regarding the penalty points to which the driver responded. Copies of the emails were appended to the report.

The driver then made their representation outlining the circumstances in which the offences had occurred and answered Members questions in relation to the incidents and offences.

The Licensing Officer then gave their closing statement reminding the Committee that each matter should be determined on its own merits.  Members attention was drawn to the relevant parts of the Council’s Hackney Carriage and Private Hire Licensing Policy which was reproduced in the report at paragraph 3.2.  When making their decision the Committee must have regard to all relevant policies including any representations made by the driver in their defence, together with the Council’s Hackney Carriage and Private Hire Licensing Policy and the Department of Transport Standards and relevant guidance.

The driver then made a brief closing statement stating that the offences had been an honest mistake due to the new vehicle and not being familiar with that particular road and in future they would ensure that they were more aware of speed limits.

(10:35 Licensing Officers, driver and representative left the meeting)

Members discussed the driver before them having regard to all the relevant guidance and policies and the representation made by the driver and their representative.  Some Members felt that the driver should have been more aware of what the speed limit should be, especially being a hackney carriage/private hire driver and the safety of the public was paramount.  However, it was acknowledged that driving an unfamiliar vehicle on an unfamiliar road could have contributed to the offences and the fact that the offences took place in the same area over a matter of days was also acknowledged by the Committee together with the driver notifying the Licensing Team of the offences and ban.  Discussion followed on what was prescribed in the Hackney Carriage and Private Hire Licensing Policy in respect of the offences and the time periods.  Members felt that the circumstances in this particular case were exceptional and a departure from the Policy be considered.  A proposal was made that the driver retain his licence which was seconded, further discussion followed and it was also proposed that a warning be included in the decision. On being put to the vote it was agreed that the driver retain is Dual Hackney Carriage and Private Hire Drivers licence and that they received a warning as to future conduct.

(10:55 Licensing Officers, driver and their representative 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 the representation made by the driver together with their representative. 

The driver advised the Committee that they had been using a new car at the time of the offences and it was mainly due to the unknown. The driver was also not familiar with the road and they had been made aware of the offences via a letter all at the same time. The driver had notified the licensing team of the court disqualification.

The Committee determined that the driver remained a fit and proper person to hold a Dual Hackney Carriage and Private Hire driver’s licence but gave a warning as to their future conduct. The Committee decided to depart from the Council’s Hackney Carriage and Private Hire Licensing Policy in this instance and in their view,  the circumstances were exceptional to justify such a departure. They noted the three offences were for speeding and all occurred over four days at the same location, whilst driving a new car and were all notified at the same time.  The Committee also noted that the driver had notified the Licensing Team of their conviction.

The Committee, therefore decided that the driver remained a fit and proper person and their dual licence should remain.

The driver thanked the Committee for their decision.