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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.
Declarations of Interest
There were no declarations of interest.
Appeal against the Refusal to grant a Private Hire License
SOUTH CAMBRIDGESHIRE DISTRICT COUNCIL
LICENSING APPEALS SUB-COMMITTEE
21 February 2020 at 10am
APPEAL BY Alexsandr Kiseliov AGAINST THE REFUSAL TO GRANT A PRIVATE HIRE DRIVER LICENCE
Sub-Committee: Councillor Anna Bradnam (Chairman)
Councillor Peter McDonald
Councillor Deborah Roberts
Legal Advisor: Shirley Tracey
Also Present: Mr Alexsandr Kiseliov, the appellant
Jane Jackson, Licensing Officer
Aaron Clarke, Democratic Services Officer
On the 29 November 2019, Mr Kiseliov applied to this Council to grant a Private Hire Driver Licence in accordance with the Local Government (Miscellaneous Provisions) Act 1976.
Mr Kiseliov was subject to a criminal record check through the Disclosure and Barring Service as part of the application process. The DBS check showed the following convictions that were also disclosed in the application: -
Date of Conviction: 18 January 2008 at Cambridge Magistrates Court
Offence: Using vehicle while uninsured on 07 September 2007 – Road Traffic Act 1988 S.143(2). Disposal: Fine £180 – Driving License endorsed with 6 penalty points.
Date of Conviction: 06 December 2011 at Cambridge Magistrates Court
Offence: Driving a motor vehicle with excess alcohol on 15 October 2011 Road traffic Act 1988 S.5(1)(A). Disposal: Fine £240 – Disqualification from Driving – Obligatory 12 months.
Section 8a. of the South Cambridgeshire District Council Driver Licence Application Form states:
‘REHABILITATION OF OFFENDERS ACT 1974 (EXCEPTIONS) (AMENDMENTS) Order 2002.
Please note that the role of Hackney Carriage and/or Private Hire driver is exempted from the Rehabilitation of Offenders Act 1974, which means that all convictions, cautions, reprimands and final warnings will appear on your Disclosure and Barring Service (DBS) certificate and will be considered.’
South Cambridgeshire District Council Taxi Carriage and Private Hire Driver Policy 2018 section 3.17 states:
‘Applicants must fully complete an application and provide the relevant fee and paperwork required. Where supporting documentation is required to be submitted, only the original document will be accepted, no photocopies or photographs of the original are allowed. Applicants who deliberately fail to declare or who make false statements on the application form or during the application process, will be refused a licence and may be subject to legal action if it constitutes fraud.’
Mr Kiseliov’s application was subsequently refused, because his conviction for driving with excess alcohol was less than 10 years ago and therefore contrary to policy. This decision was put in writing to him on 10 December 2019.
Mr Kiseliov appealed this decision in writing on 26 December 2019 and asked for the matter to be considered by the Licensing Appeals Sub-Committee
The Sub-Committee heard representations from Mr Kiseliov and the Licensing Officer, based on the written report.
Mr Kiseliov made the following representations:
· Mr Kiseliov said that he did not have the money to make a payment on his insurance and the company cancelled the insurance without him knowing.
· Mr Kiseliov stated that the insurance provider had sent mail to the wrong address, which is why he had not realised that the insurance had ended.
· That he went to fill the ... view the full minutes text for item 3.