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.

Councillor Mark Howell, Chair of the Sub-Committee, declared an interest in being a registered blue badge holder but declared that he came to the matter afresh.

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 it was reasonable not to grant a private hire driver licence to the appellant.

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 Hackney Carriage and Private Hire Policy 2020 states a licence will not be granted until at least 7 years have elapsed since the completion of any sentence imposed. The sub-committee were concerned as the offence was only 2 years previously. Nothing had been demonstrated by the applicant to encourage the sub-committee to depart from policy.

·       It was believed by the sub-committee that the appellant used a blue badge issued to someone else knowing he was not entitled to do so. The sub-committee took the view, the requirements for the use of the blue badge were in the public domain.

·       The sub-committee believed the applicant knowingly committed an act of dishonesty.

·       It was taken into consideration by the sub-committee the applicant had taken responsibility for the offence, but it was thought he was not a fit and proper person to hold a private hire driver licence because of this act of dishonesty.