Agenda and minutes

As a Councillor, you are reminded of the requirements under the Council’s Code of Conduct to register interests and to disclose interests in a meeting. You should refer to the requirements set out in the Code of Conduct which are summarised in the notes at the end of this agenda frontsheet.

There were no declarations of interest.

The Chair 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 Chair 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?

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).

The Chair 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.

The Sub-Committee decided on the balance of probabilities to Revoke the Licence to the appellant.

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 Licensing Officer

·       Advice from the Council’s legal adviser

·       Evidence as referred to above.

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

·       The imposition of the 9 penalty points and the £630 fine by the court in Edinburgh court was as a result of the appellant not treating seriously, the initial fixed penalty notice issued for speeding on the 1^st August 2019.

·       The reasons given for not paying the fixed penalty notice were inconsistent.

·       Despite having received a written warning from the licencing authority, there was a further incident whereas a professional driver although not a taxi driver, the appellant was stopped for speeding by the police in August 2021, this represented the second occasion when the appellant was stopped for speeding.

·       It was not accepted the appellant took responsibility for his actions subsequent to his initial fixed penalty notice.

·       It appeared there was a separation in responsibility of when driving alone and when driving members of the public.

·       It was recognised there were no complaints from the public but there was a pattern of behaviour resulting in two convictions.

·       The sub committee did not apply any weight to the food hygiene conviction save to note that it represented a failure to address legislative requirements.

·       In accordance with the guidance, the sub committee could not apply any weight to the personal circumstances of the appellant.