Agenda and minutes

There were no declarations of interest.

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 approve the refusal of the grant of a private hire 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:

·       South Cambridgeshire District Council Policy states, ‘a licence will not be granted until at least 7 years have elapsed since the completion of the sentence imposed.’ The appellant was 42 months into the 7-year period.

·       No persuasive reasons were put forward by the driver to depart from the South Cambridgeshire District Council policy.

·       It is the obligation of any applicant to make themselves aware of the terms of the policy before making any application.

·       The Sub-Committee were extremely concerned at the tone of the telephone call to staff of South Cambridgeshire District Council and the language used. The appellant did not immediately apologise for his behaviour and only did so when prompted.

·       In light of the above, the Sub-Committee took the view that the appellant was not a fit and proper person to hold a Private Hire Driver Licence.