Agenda and minutes

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:

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 revocation of a Private Hire Driver licence

Minutes:

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

 

The Sub-Committee decided on the balance of probabilities to approve the revocation of a private hire licence.

 

Reasons:

 

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 Regulatory Enforcement Officer

·       Advice from the Council’s legal adviser

·       Evidence as referred to above.

 

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

 

·       There were inconsistencies in replies given by the appellant in the informal interview with the Regulatory Enforcement Officer (dated 14 November 2021), the written representations (dated 23 November 2021) and the verbal representations during the hearing.

·       There were significant inconsistencies in the representations given throughout the course of the hearing.

·       The appellant did not acknowledge the impact of his behaviour on the customer or the seriousness of the allegations.

·       The appellant showed no remorse or regret as to the impact upon the customer.

·       The appellant did not understand the safeguarding responsibilities incumbent upon them as a taxi driver, especially given that the appellant believed that their passenger was inebriated.

·       On the balance of probabilities the sub-committee were minded to accept the account provided by the customer, in preference to the explanation given by the appellant.

·       The sub-committee believed that on the balance of probabilities that the appellant was not a fit and proper person to hold a Private Hire Driver Licence.