Agenda and minutes

Licensing Appeals Sub-Committee - Monday, 6 December 2021 2.00 p.m.

Venue: Council Chamber - South Cambs Hall. View directions

Contact: Aaron Clarke  01954 713000 Email: democratic.services@scambs.gov.uk

Items
No. Item

1.

Declarations of Interest

Minutes:

There were no declarations of interest.

2.

Exclusion of Press and Public

The Chairman will read the following statement:

 

The report contains information which the officer recommends should be exempt from publication and also that the press and public should be excluded from the meeting during consideration of the appeal, in accordance with the provisions of Section 100(A)(4) of the Local Government Act 1972 (exempt information as defined in paragraph 1 of Schedule 12A of the Act).

 

The Chairman will ask the Sub-Committee the following:

 

Does the Licensing Appeals Sub-Committee agree that the public interest is outweighed by the recommendation to exclude the press and public for this agenda item?

Minutes:

The press and public were excluded from the meeting during consideration of the following item of business in accordance with the provisions of Section 100(A)(4) of the Local Government Act 1972 (exempt information as defined in paragraph 1 of Schedule 12A (as amended) of the Act).

3.

Introductions / Procedure pdf icon PDF 107 KB

The Chairman of the Sub-Committee will welcome those present and introduce him/herself; the remaining members of the Sub-Committee and the officers will then introduce themselves.

 

A copy of the Sub-Committee appeals procedure is attached.

4.

Appeal against the refusal to grant a Private Hire Driver Licence

Minutes:

The sub-committee heard representations from the licence holder and Licensing Officer.

 

On the balance of probabilities, the sub-committee approved the grant of a Private Hire Driver Licence.

 

In making its decision, the sub-committee considered the following:

·       Statutory provisions: S51,61 & 77 Local Government (Miscellaneous Provisions Act) 1976

·       Statutory taxi and private hire vehicle standards issued by the Department of Transport in July 2020

·       South Cambridgeshire District Council Private Hire and Taxi Policy

·       Report of the Licensing Enforcement Officer

·       Advice from the Council’s legal adviser

·       Representations from the Regulatory Enforcement Officer

·       Evidence as referred to above.

 

The sub-committee made its decision for the following reasons:

 

·       The sub-committee accepted that the appellant had not realised that he was committing an offence in the car park.

·       The appellant had admitted that he made a mistake and stated that that he would not do so again.

·       The appellant told the sub-committee that when operating as a taxi driver, he uses wireless in-ear headphones.

·       Having considered the representations made the sub-committee were minded to deviate from the policy and grant the licence as an exception given the particular circumstances.

·       On the balance of probabilities, the sub-committee determined that the appellant was a fit and proper person.