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Contact: Victoria Wallace 03450 450 500 Email: democratic.services@scambs.gov.uk
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Introductions / Procedure PDF 205 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. Minutes: The Chair introduced officers and panel members and welcomed the licensee to the hearing. |
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Declarations of Interest Minutes: There were no declarations of interest. |
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Referral to the Licensing Appeals Sub-Committee to consider the fit and proper status to continue as a Private Hire Driver licence Minutes: The Sub-Committee heard representations from the licensee and licensing officer, based on the written report. The Sub-Committee also considered written representations from the licensee’s legal representative.
The Sub-Committee revoked the Private Hire Driver Licence.
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 • Representations from the Licensing Officer • Written representations submitted by the licensee’s legal representative • Evidence as referred to above.
The sub-committee made its decision for the following reasons: • The sub-committee determined that the licensee’s actions breached the conditions of his licence at 2b Conduct of Driver. The licensee admitted he had not behaved in an orderly manner. • In accordance with the licensing authority’s policy in place at the time of the incident, at 12.8 the policy stated an application would normally be refused where the applicant has a conviction for an offence of obstruction. • Statutory guidance issued in July 2020 from the Department of Transport states that decisions need to be made on the balance of probability and emphasises that if the sub-committee is only ’50:50’ as to whether the licensee is fit and proper the driver should not hold a licence. • The sub-committee was concerned by the licensee’s actions which obstructed a normal police activity and demonstrated a disregard for the rule of law. • The sub-committee was concerned by the licensee’s attitude towards a police enforcement activity.
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