Agenda item

A report from the Executive Director (Operations) is attached.

The Executive Director (Operations) submitted a report requesting that the Committee approve delegation to officers to immediately suspend Hackney Carriage and Private Hire Drivers Licences who have not given their consent to the Licensing Service for a check to be carried out to ascertain if they are on the DBS update service, to suspend if they have not applied for a enhanced DBS check and registered on the DBS update service or the Licensing Service have not been supplied with the Enhanced DBS information before the expiry date of their current DBS Certificate.

The Licensing Unit Manager presented the report and explained that Section 61 of the Local Government (Miscellaneous Provisions) Act 1976 states that the Council may suspend or revoke or refuse to renew the licence of a driver of a private/public hire vehicle on any of the following grounds:

a) That he has since the grant of the licence:-

(i)      been convicted of an offence involving dishonesty, indecency or violence; or

(ii)     been convicted of an offence under or has failed to comply with the provisions of the Act of 1847 or this Act; or

b) Any other reasonable cause.

The Act also confers a right of appeal to the Magistrates Court and provides that an individual can continue to drive a hackney carriage/private hire vehicle during the period when an appeal can be lodged and if an appeal is lodged until the appeal is dismissed or withdrawn or fails for want of prosecution. Section 52 of the Road Safety Act, provides Licensing Authorities with a power to suspend or revoke a Hackney or Private Hire driver licences with immediate effect where they are of the opinion that the interests of public safety require such a course of action.

Members were reminded that the Licensing Service have conducted a procurement exercise in relation to the checking of applicants/existing holders of Hackney Carriage and Private Hire criminal records.

The Licensing Service have been requested to obtain the consent of every licensed driver to undertake a check to see if the licence holder is registered for the DBS update service.

This has resulted in several emails being sent to all licensed drivers to obtain their consent to undertake this check.

The Licensing Service have received consent for a large proportion of the drivers, however there are still 108 outstanding. Therefore, the Licensing Service are requesting delegation to immediately suspend under the Road Safety Act those Hackney Carraige and Private hire drivers licences until the consent had been given.

Members asked about the communication process to obtain the consent and it was explained this had been conducted via email.

Members of the Committee discussed this item at length and checked the information was contained in licence holder’s handbook and what had the timescales been for reminders to gain consent. It was reported emails had been issued on the 25^th March 2025, 2^nd April and15^th April.

Some Members felt that a paper copy of the letter should be posted along with an email as some drivers may be out of the country and thus having no access to emails. All options should be exhausted to be inclusive and a Member suggested a phone call reminder.

The Licensing Unit Manager reminded the Committee that the proposed actions were to suspend and not revoke until consent was provided and communications can be issued in other languages. 798 replies had been received with the 108 outstanding and the taxi trade associations had been communicated with to get the message out to their members.

Delegated decision:

It was agreed that the Licensing and Safety Committee delegate to the Head of Public Protection, Licensing Unit Manager, and the Deputy Licensing Officer in consultation with the Chair of the Licensing and Safety Committee to immediately suspend Hackney Carriage and Private Hire Drivers who have not given their consent to the Licensing Service for a check to be carried out to ascertain if they are on the DBS update service, to immediately suspend if they have not applied for a enhanced  DBS check and registered on the DBS update service or the Licensing Service have not been supplied with the Enhanced DBS information before the expiry date of their current DBS Certificate.

In addition to electronic communications a paper letter would also be posted out via Royal Mail.