Agenda item

Committee to determine whether an applicant was fit and proper to hold a Dual Hackney Carriage and Private Hire Drivers Licence report ENV942.

Decision

That the applicant was a fit and proper person to hold a Dual Hackney Carriage and Private Hire Drivers Licence with South Kesteven District Council.

The Vice-Chairman introduced those present and confirmed that the applicant was in attendance.

The Licensing Officer presented exempt report ENV942 which concerned whether an applicant was a fit and proper person to be granted a Dual Hackney Carriage and Private Hire Drivers Licence.

An application form was received in May from the applicant for a Dual Hackney Carriage and Private Hire Drivers Licence.  On the form the applicant had signed the declaration stating, “I have never been – charged or summoned to appear before a Court, either in this country or abroad”.  Upon receipt of the DBS Certificate it was confirmed that the applicant had one conviction recorded for an offence in 2016.  The conviction was in March 2016 for the offence “Breach of non-molestation order” which had occurred in February 2026.  The offence was contained within the Family Law Act 1996 S42A – community order September 2017.  Activity required was contained at 2.4 of the report.  No other convictions or driving offences were declared or shown on the DVLA check.  The applicant had submitted an email outlining the circumstances that led to the conviction which was appended to the report.

The Licensing Officer then referred to the key considerations that the Committee must take into account when determining whether a person was fit and proper to hold a driving licence and these were shown at paragraphs 3.1 – 3.3 of the report.

There were no questions for the Licensing Officer and the applicant was asked to make their representation to the Committee.  The applicant informed the Committee of the circumstances of the conviction and their understanding that after five years it would be spent and they hadn’t appreciated that even though it was spent it should have been included on the application.  Both Members and the Legal Advisor asked questions of the applicant in relation to the conviction and the circumstances to which the applicant replied.

The Licensing Officer gave their closing statement reminding the Committee that they must be satisfied that the holder of a Hackney Carriage or Private Hire Driver’s licence is a fit and proper person to hold that licence pursuant to Section 59 of the Local Government (Miscellaneous Provisions) Act 1976 (in case of Hackney Carriage Drivers) and Section 51 of the Local Government (Miscellaneous Provisions) Act 1976 (in the case of Private Hire Drivers). The Committee must also have regard to all relevant policies including the Council’s Hackney Carriage and Private Hire Licensing Policy, Department of Transport Standards and relevant guidance together with any representation made at Committee.

The applicant stated that he had no other convictions since the one in 2016, he appreciated that not declaring it was serious but it was a mistake and he asked to be given a chance.

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

Members of the Committee discussed the applications before them having regard to all relevant guidance, policies and the representations made.  Some concern was expressed about the conviction to which the Legal Advisor read out what a Non-Molestation Order could cover. Further discussion followed and it was proposed and seconded to grant the licence as applied for.  On being put to the vote this was agreed.

(10:34 Licensing Officers and the Applicant returned to the meeting)

The Licensing Committee considered the report provided by the Licensing Officer and heard from the applicant.

The applicant advised the Committee that the Non-Molestation Order had been granted in family proceedings whilst he was divorcing his wife. The applicant advised it may have been because he was talking and messaging her and saying some things. The applicant advised the Committee that he had breached the Order by going to the house because he wanted to see his children. The applicant understood that the details of the conviction would only stay on his licence for 5 years which was why he had not disclosed it. The applicant had learnt from his mistakes and had since remarried. He had contact with his children from his previous marriage and had no further incidents.

The Committee considered the circumstances of the offence, considered the timeline of it and also considered the non-declaration of the conviction. They noted that the applicant believed the conviction to have been passed and did not understand it should have been declared. Having considered everything before them and the representations made, the Committee determined that the applicant was a fit and proper person and granted the Dual Hackney Carriage and Private Hire Licence.

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

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