Agenda item

Committee to determine whether a driver remains a fit and proper person to hold a licence, report ENV938 from the Licensing Officer.

Decision

The Committee notes the previous decision notice dated 07 October 2025, which incorrectly stated the Authority’s policy guideline as requiring a minimum period of seven years from the date of conviction. For clarity, the correct policy Appendix D of the Convictions Policy - 3.  requires a period of seven years from the date of sentence completion, which in this instance will not be reached until March 2027.

Notwithstanding this administrative clarification, the overarching statutory requirement dictates that an applicant must satisfy the Committee that they are a 'fit and proper person'. The Authority's policy timeline serves as a minimum expected baseline, not a guarantee of approval once elapsed. The Committee determined that no mitigating circumstances have been provided to justify a departure from the correct policy.

The Committee therefore determined that the Applicant did not currently meet the policy requirement and his application is refused. The Committee would remind the Applicant that in accordance with policy, there is a minimum time period since completion of a sentence before an Applicant will be considered for a licence which in this case will not be until March 2027.

The Applicant was present at the meeting.

The Licensing Officer presented exempt report ENV 938 which concerned whether a driver was a fit and proper person to be granted a Dual Hackney Carriage and Private Hire Drivers Licence with South Kesteven District Council (SKDC), having previously been refused a Dual Hackney Carriage and Private Hire Driver Badge by SKDC and having failed to meet the South Kesteven District Council (SKDC) Hackney Carriage and Private Hire Driver Policy regarding convictions.

On 29th February 2024, the Licensing Team received an application for a Dual Hackney Carriage and Private Hire Driver’s Licence from the driver. 

On the application there were three declared convictions for driving offences; Using a vehicle whilst uninsured (IN10), driving whilst above the drug limit (DG10) and a further conviction with no explanation that accrued 6 DVLA penalty points. Following a telephone conversation, the driver chose to withdraw his application, and a full refund was issued.

The driver reapplied on for a Dual Hackney Carriage and Private Hire drivers badge on 7th May 2025. The application also showed the 3 convictions.

It was noted that his DVLA driving licence carried an endorsement of 6 penalty points for the offence code MS90 – Failure to give information as to identity of driver, dated 22nd June 2022. The driver outlined the circumstances relating to how this offence occurred. This endorsement was due to be removed from his DVLA check on 22nd June 2026.  

Upon receipt of the drivers DBS certificate, it was confirmed that he had two

convictions recorded. One conviction was for using a vehicle without insurance (Driving licence endorsed, £100 fine and victim surcharge imposed), and the other was for driving a motor vehicle while over the limit for a controlled drug (Disqualified from driving for 12 months and £100 fine imposed). Both convictions occurred on 15th March 2019.

On 30th September 2025 the driver was refused a Dual Hackney and Private Hire drivers badge by South Kesteven District Councils Licensing Committee and it was confirmed to the driver that 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 policy states that seven years is to have elapsed since the

completion of a sentence, not conviction. 

Based on the advice previously given to the driver, following a period of 7 years since conviction, the driver re-applied for a Dual Hackney Carriage and Private Hire driver badge on 9th May 2026.

The Committee heard from the driver who advised that he had based his application on the fact that 7 years has passed from the date of conviction.  He stated he acted in good faith after the hearing when reapplying for the licence and if he knew he had to wait 7 years from the date of the completion of the sentence he would have simply waited.

The driver stated he had taken the time to reflect on his previous mistakes and had learnt from his errors. He also clarified he had not taken any further drugs tests but would take them if necessary. A character reference was provided for the Committee to consider.

He clarified the previous offence for driving above the drug limit (DG10) was due to the use of CBD products taken for pain mitigation as a professional athlete, but in future would liaise with his GP about any pain relief.

The Licensing Officer then gave her 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 a Dual Hackney Carriage and Private Hire badge and having failed to meet the South Kesteven District Council (SKDC) Hackney Carriage and Private Hire Driver Policy regarding convictions. When determining the matter before them, the Committee must give full 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.

(10:20 the Licensing Officers and applicant left the meeting)

Members discussed the application before them and took into consideration the misinterpretation of the 7 years. The driver had thought the seven years was from the date of conviction rather than sentence completion. However, the Licensing Officer had liaised with the driver to ensure he was aware of the 7 years elapsing in March 2027.

(10:45 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 verbal representation from the applicant, who was present at the meeting.

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 seven years from the date of completed sentence had elapsed, which was March 2027.

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