Agenda and draft minutes

Licensing Appeals Sub-Committee - Friday, 21 February 2020 10.00 a.m.

Venue: Swansley Room B, Ground Floor. View directions

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

Items
No. Item

1.

INTRODUCTIONS / PROCEDURE pdf icon PDF 107 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.

2.

Declarations of Interest

Minutes:

There were no declarations of interest.

3.

Appeal against the Refusal to grant a Private Hire License

Minutes:

SOUTH CAMBRIDGESHIRE DISTRICT COUNCIL

LICENSING APPEALS SUB-COMMITTEE

 

21 February 2020 at 10am

 

APPEAL BY Alexsandr Kiseliov AGAINST THE REFUSAL TO GRANT A PRIVATE HIRE DRIVER LICENCE

 

PRESENT:

 

Sub-Committee:       Councillor Anna Bradnam (Chairman)

Councillor Peter McDonald

Councillor Deborah Roberts

                                                           

Legal Advisor:           Shirley Tracey

 

Also Present:            Mr Alexsandr Kiseliov, the appellant

                                    Jane Jackson, Licensing Officer

                                    Aaron Clarke, Democratic Services Officer

 

                                                                       

BACKGROUND

 

On the 29 November 2019, Mr Kiseliov applied to this Council to grant a Private Hire Driver Licence in accordance with the Local Government (Miscellaneous Provisions) Act 1976.

 

Mr Kiseliov was subject to a criminal record check through the Disclosure and Barring Service as part of the application process. The DBS check showed the following convictions that were also disclosed in the application: -

 

Conviction 1:

Date of Conviction: 18 January 2008 at Cambridge Magistrates Court

Offence: Using vehicle while uninsured on 07 September 2007 – Road Traffic Act 1988 S.143(2).  Disposal: Fine £180 – Driving License endorsed with 6 penalty points.

 

Conviction 2:

Date of Conviction: 06 December 2011 at Cambridge Magistrates Court

Offence: Driving a motor vehicle with excess alcohol on 15 October 2011 Road traffic Act 1988 S.5(1)(A).  Disposal: Fine £240 – Disqualification from Driving – Obligatory 12 months.

 

Section 8a. of the South Cambridgeshire District Council Driver Licence Application Form states:

 

‘REHABILITATION OF OFFENDERS ACT 1974 (EXCEPTIONS) (AMENDMENTS) Order 2002.

Please note that the role of Hackney Carriage and/or Private Hire driver is exempted from the Rehabilitation of Offenders Act 1974, which means that all convictions, cautions, reprimands and final warnings will appear on your Disclosure and Barring Service (DBS) certificate and will be considered.’

 

South Cambridgeshire District Council Taxi Carriage and Private Hire Driver Policy 2018 section 3.17 states:

 

 ‘Applicants must fully complete an application and provide the relevant fee and paperwork required. Where supporting documentation is required to be submitted, only the original document will be accepted, no photocopies or photographs of the original are allowed. Applicants who deliberately fail to declare or who make false statements on the application form or during the application process, will be refused a licence and may be subject to legal action if it constitutes fraud.’

 

Mr Kiseliov’s application was subsequently refused, because his conviction for driving with excess alcohol was less than 10 years ago and therefore contrary to policy. This decision was put in writing to him on 10 December 2019.

 

Mr Kiseliov appealed this decision in writing on 26 December 2019 and asked for the matter to be considered by the Licensing Appeals Sub-Committee

 

REPRESENTATIONS

 

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

 

Mr Kiseliov made the following representations:

·         Mr Kiseliov said that he did not have the money to make a payment on his insurance and the company cancelled the insurance without him knowing.

·         Mr Kiseliov stated that the insurance provider had sent mail to the wrong address, which is why he had not realised that the insurance had ended.

·         That he went to fill the  ...  view the full minutes text for item 3.