Agenda and minutes

Councillor Deborah Roberts, Chair of the Sub-Committee, declared an interest as the Chair of previous Sub-Committee attended by the Appellant, dated 24 January 2019, but declared that she came to the matter afresh.

Councillor Jose Hales declared an interest as a Member of a previous Sub-Committee attended by the Appellant, dated 5 August 2016, 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 heard representations from the licence holder and Licensing Officer.

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 appellant, over a prolonged period of time, had demonstrated a pattern of irresponsible behaviour, and it is the view of the Sub-Committee that the appellant is not a fit and proper person to hold a Private Hire Licence.
• The appellant had received two letters which imposed penalty points on his Private Hire Licence, but had chosen not to appeal the imposition of those points.
• 12 Penalty Points had been imposed on the appellant’s Private Hire Licence
• The Sub-Committee expressed deep concern that the appellant had undertaken a total of 68 individual private hire jobs using a vehicle fitted with a temporary space saver tyre which would not have passed a MOT had it been presented. Therefore, the Sub-Committee were of the view that the appellant did not pay sufficient heed for the safety of passengers or other road users.
• It was the view of the Sub-Committee that the appellant did not appear to acknowledge or understand their responsibility to the travelling public as the holder of a Private Hire Licence.
• In considering the history of the matter, it is the Sub-Committee’s belief the appellant had not learnt from their past.