Agenda and draft minutes

Licensing Appeals Sub-Committee - Friday, 21 February 2020 2.00 p.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:

Councillors Anna Bradnam and Deborah Roberts declared a non-pecuniary interest as an acquaintance of the advisor Julie Stallabrass as she was a former officer of the Council.

3.

Appeal against the Refusal to grant a Private Hire Driver License

Minutes:

SOUTH CAMBRIDGESHIRE DISTRICT COUNCIL

LICENSING APPEALS SUB-COMMITTEE

 

21 February 2020 at 2pm

 

REFERRAL TO THE LICENSING APPEALS SUB-COMMITTEE TO CONSIDER THE FIT AND PROPER STATUS of Mr Alizada TO CONTINUE AS A PRIVATE HIRE DRIVER

 

PRESENT:

 

Sub-Committee:       Councillor Anna Bradnam (Chairman)

Councillor Peter McDonald

Councillor Deborah Roberts

                                                           

Legal Advisor:           Shirley Tracey

 

Also Present:            Mr Alizada, the appellant

                                    Ms Stallabrass, Mr Alizada’s representative

                                    Jane Jackson, Regulatory Enforcement Officer

                                    Aaron Clarke, Democratic Services Officer

 

                                                                       

BACKGROUND

 

On the 4 December 2019, Mr Alizada applied to this Council to grant a Private Hire Driver Licence in accordance with the Local Government (Miscellaneous Provisions) Act.

 

Mr Alizada 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 not disclosed in the application at 8a: -

 

Conviction 1:

Date of Conviction: 13 June 2017 - Court: Cambridge Magistrates

Offence 1 – Failing to report accident on 30 January 2017 – Road Traffic Act 1988 S.170(4). Disposal: Fine £153 – Driving Licence endorsed with 6 penalty points.

 

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.’

 

 

Section 8a. of the 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.’

 

Mr Alizada’s application was subsequently refused, and this decision was put in writing him on 20 December 2019.

 

Mr Alizada appealed this decision in writing on 30 December 2019 and asked for the matter to be considered by the Licensing Appeals Sub-Committee.

 

REPRESENTATIONS

 

The Sub-Committee heard representations from Mr Alizada and the Regulatory Enforcement Officer, based on the written report.

 

Mr Alizada made the following representations:

 

·         Mr Alizada stated a cyclist, who had crossed in front of his car, had forced him to swerve, causing him to hit a lamp post. This was late at night and there was nobody else around, he was not aware that he had to report the incident within 24 hours.

·         He informed the panel that the cyclist was not wearing any reflective clothing and had no lights on his bicycle.

·         Mr Alizada stated he was informed by the court that all the relevant authorities would be notified of this accident, including the Council.

·         Mr Alizada apologised that he had not fully read the conditions  ...  view the full minutes text for item 3.