Agenda and minutes

Licensing Appeals Sub-Committee - Tuesday, 1 March 2022 11.00 a.m.

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:

There were no declarations of interest.

2.

Exclusion of Press and Public

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?

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 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.

4.

Appeal against the refusal 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 renewal of a private hire licence to the appellant, with the condition that he completes a driving skills assessment prior to the new licence being issued.

 

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 appellant had shown genuine remorse for the mistakes that he had made and an understanding of his obligations as a professional driver.

·       However, the Sub-Committee were concerned that three speeding offences occurred within a very short period of time and took the view that to minimise the future occurrences a driving skills assessment course needed to be completed.

·       The Sub-Committee considered, that on the balance of probabilities, that having completed such a course, the appellant would be a fit and proper person.