Agenda item

Committee to determine whether a driver remains a fit and proper person to hold a licence, report ENV940 from the Licensing Officer.

Decision

In determining whether an applicant is a fit and proper person, the Council has applied its adopted Hackney Carriage and Private Hire Licensing Policy.

The Council’s policy states that an application for a licence will not normally be considered until a period of at least 7 years has elapsed since the date of the completion of a sentence.

In accordance with the Council's policy, the applicant will not meet this requirement until October 2026.

As the applicant does not currently meet the 7-year policy requirement, the Committee cannot be satisfied that he is a fit and proper person to hold a licence.

The Committee does not consider there to be any mitigating circumstances at this time to depart from policy, therefore the application is refused.

The Applicant was present at the meeting.

The Licensing Officer presented exempt report ENV 940 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 failed to meet the South Kesteven District Council (SKDC) Hackney Carriage and Private Hire Driver Policy regarding convictions.

On 30th March 2026, the Licensing Team received an application for a Dual Hackney and Private Hire Driver’s Licence from the applicant. 

On the application form, there was a declared driving disqualification (DR10) from 2016 which resulted in a 3-year driving ban. No other convictions or

driving offences were declared or shown on the DVLA check.  

Upon receipt of the applicant’s DBS certificate on 16th June 2026, it was confirmed that he had two convictions recorded for four offences, in 2016 and 2017. 

The first conviction was on 12th October 2016 for offences on 24th September 2016 under the Road Traffic Act 1988 S.5(1)(A), namely driving a motor vehicle with excess alcohol (Disqualified from driving for 36 months and fine of £300 with costs and victim surcharge imposed). The second offence was under the Public Order Act 1986 S.5(1)(A)+S.5(6), namely use threating/abusive words/behaviour likely to cause harassment/alarm or distress (Fine £100). 

The applicant provided an outline regarding the circumstances that

led to the first conviction resulting in the driving ban, which was provided to the Committee for consideration.

The second conviction was on 16th June 2017 for offences on 20th May 2017 under the Road Traffic Act 1988 S.143(2), namely using a vehicle while uninsured (Driving licence endorsed, costs and absolute discharge imposed). The second offence was under the Road Traffic Act 1988 S.103(1)(B), namely driving whilst disqualified (Absolute discharge and disqualified from driving for a discretionary 1 month).

The applicant had provided further clarification regarding the second conviction. 

Clarification was sought around drug testing for this applicant.

The Licensing Officer confirmed a form had been completed by the applicant’s GP around any history of drugs and alcohol and these boxes had been ticked as ‘no’. There was no requirement for an applicant to undertake an independent additional test within the Council’s policy.

The Committee heard from the driver who clarified that the drink driving instance was on his birthday when he was 18. He deeply regrets his previous action and he currently has a clean driving licence.

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.

(11:12 the Licensing Officers and applicant left the meeting)

Members discussed the application before them having regard to all relevant policies, guidance and representations made. Members noted that there were no exceptional circumstances for the Committee to deviate from the Council’s policy in relation to the convictions which the applicant had. 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 Drivers licence.

(11:20 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 October 2026.

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