Agenda and minutes

Licensing Appeals Sub-Committee - Wednesday, 23 November 2022 9.00 a.m.

Venue: Swansley Room A and B - Ground Floor. View directions

Contact: Keira Mbye  01954 713000 Email: democratic.services@scambs.gov.uk

Items
No. Item

1.

Declarations of Interest

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.

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.

Fit and proper status to hold 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 grant the Private Hire Driver Licence with the condition that it be granted for a period of 12 months.

 

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 Sub-Committee were concerned the reported incidents showed a pattern of behaviour, if substantiated, would be unacceptable for a private hire driver.

·       The Appellant was involved in an altercation in August 2019 with a cyclist, where a professional driver should have driven away, and not escalated the situation.

·       Because of the reasons detailed in this decision notice, the Sub-Committee determined to grant the license for a period of 12 months only.