Agenda and draft minutes

Licensing Appeals Sub-Committee - Thursday, 18 June 2020 10.30 a.m.

Venue: Virtual meeting - Online. View directions

Contact: Victoria Wallace  03450 450 500 Email: democratic.services@scambs.gov.uk

Media

Items
No. Item

1.

INTRODUCTIONS / PROCEDURE pdf icon PDF 205 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.

Minutes:

The Chairman introduced the officers and members and welcomed the applicant to the hearing.

2.

Declarations of Interest

Minutes:

There were no declarations of interest.

3.

Referral to consider the fit and proper status of a private hire driver

Minutes:

 

The Sub-Committee heard representations from the applicant and the Licensing Officer, based on the written report.

 

The Sub-Committee refused the grant of a Private Hire Driver Licence to the applicant on the basis that they determined that the applicant was not a fit and proper person to hold a Private Hire Driver Licence.

 

Reasons:

 

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

 

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

·       South Cambridgeshire District Council Private Hire and Taxi Policy

·       Report of the Licensing Officer

·       Advice from the Council’s legal adviser

·       Representations from the Licensing Officer

·       Evidence as referred to above.

 

 

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

 

·       The sub-committee considered that the applicant’s record as a Private Hire Driver demonstrated a pattern of behaviour not consistent with the standards required of a Private Hire Driver.

·       The sub-committee found as a fact that in 2015 the applicant was convicted of plying for hire and driving without third party insurance. It was accepted that this had not been brought to the attention of the sub-committee in October 2016. The applicant was not at fault for this, but the seriousness of the offence was considered in this decision.

·       The sub-committee considered that the applicant had not demonstrated a thorough understanding of the serious consequences of driving without appropriate insurance.

·       The sub-committee took the view that the applicant had failed to demonstrate a full understanding of the professional and responsible nature of the role of a Private Hire Driver.

·       The sub-committee concluded that by smoking in his Private Hire vehicle and illegally parking on a Cambridge City taxi rank, the applicant had demonstrated a lack of regard for the basic rules to which they were required to adhere.

·       The sub-committee was concerned that associated with both the complaint raised by a member of the travelling public and the allegation of illegally parking, there was a suggestion of aggression from the applicant. The sub-committee took this factor into account as a further demonstration of the pattern of behaviour of the applicant.