Agenda item

Committee to determine whether a driver remains a fit and proper person to hold a licence report ENV937 from the Licensing Officer.

Decision

That the driver was not a fit and proper person to hold a Hackney Carriage and Private Hire Drivers Licence with South Kesteven District Council as they had not met the requirements of South Kesteven District Council’s Hackney Carriage and Private Hire Licensing Policy and that their dual Driver’s licence be revoked.

The applicant was not present at the meeting.

The Licensing Officer presented exempt report ENV937 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 October 2024.  The June 2024 Hackney Carriage and Private Hire Licensing Policy stated the requirement for drivers to register their DBS certificates for the DBS Update Service, enabling licensing officers to undertake a six monthly check.

The driver had a DBS certificate issued to them upon first application in October 2024 and was signed up to the DBS update service, with a successful DBS subscription check being carried out in April 2025.

The next check in October 2025 indicated that the DBS update service subscription had failed.   Emails were sent to the driver detailing the failure and the actions required to rectify it.  Further auto reminder emails were also sent at the end of October, no application was received.

The unsubmitted DBS invitations expired after 30 days. A new DBS invitation was sent out in January 2026 by email with a further email being sent indicating the necessary remedial action required no later than February 2026.  Further auto email reminders were sent in January and February 2026.

After the February deadline had passed attempts to contact the driver by telephone on two separate occasions went straight to voicemail.  A visit to the drivers address was carried out by a Licensing Officer who relayed that the driver needed to surrender their badge  if no longer required or that a DBS application needed to be submitted.  An email was received from the driver who indicated that they wished to keep their badge.  A third application was sent in April 2026 inviting the driver to apply for the DBS check with an April deadline given.  To date no application had been received.

Members questioned the Officer about the in person visit and it was confirmed that a woman had answered the door and the information had been relayed to her.  A question was asked about why the driver wished to keep their badge, however the Licensing Officer could not confirm the reason.

The Licensing Officer then gave their closing statement reminding Members that each application had to be determined on its own merits.  The Licensing Officer referred to the report where the relevant sections from the Council’s Hackney Carriage and Private Hire Licensing Policy were reproduced in respect of the requirements for the Disclosure and Barring Service (DBS) and the process for renewals of the DBS service.  When determining the matter before them the Committee must have regard to all relevant policies including the Council’s Hackney Carriage and Private Hire Licensing Policy and the Department of Transport Standards and relevant guidance.

(10:13 Licensing Officers left the meeting)

Members discussed the driver before them having regard to all relevant guidance and policies.  Members felt that Officers had made an extra effort to contact the driver but to no avail and they were disappointed that he had not attended the Committee to explain why they wished to retain their Dual drivers badge.  After considering all the information available, it was noted that the driver had not met the requirements of the Council’s Hackney Carriage and Private Hire Licensing Policy and therefore it was proposed, seconded and agreed that the driver was not a fit and proper person and that the licence should be revoked.

(10:18 Licensing Officers 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 email correspondence from the driver who did not attend the hearing.

The Committee noted that the licensing team had made numerous attempts to contact the driver via email, in person and on the telephone to make sure they were fully aware of the requirements. The Committee had therefore determined that the driver did not remain a fit and proper person to hold a licence as they had not met the requirements of SKDC Hackney Carriage and Private Hire Licensing Policy in that they had has failed to maintain their DBS subscription, and had not complied with requests to submit a new DSB certificate all in accordance with the Council’s Hackney Carriage and Private Hire Licensing Policy. 

The Committee therefore decided that the Hackney Carriage and Private Hire Dual 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.