Venue: Council Chamber - South Cambs Hall. View directions
Contact: Aaron Clarke 03450 450 500 Email: firstname.lastname@example.org
Declarations of Interest
There were no declarations of interest.
Exclusion of Press and Public
The Chairman 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 Chairman 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 are likely to be 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 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.
Referral to the Licensing Appeals Sub-Committee to consider the fit and proper status to continue as a Private Hire Driver
The sub-committee heard representations from the licence holder and Licensing Enforcement Officer.
The Sub-Committee decided on the balance of probabilities to take no further action.
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 Enforcement Officer
· Advice from the Council’s legal adviser
· Representations from the Regulatory Enforcement Officer
· Evidence as referred to above.
The sub-committee made its decision for the following reasons:
· The sub-committee took the view that the officer’s decision to send a warning letter, was appropriate and proportionate in the circumstances.
· The sub-committee assessed that the appellant had not intentionally misled the Council.
· The sub-committee stated that the sentence ‘single source of income’ was misleading as this did not imply that a driver would need to declare any additional licences held.
· The appellant had been attending a healthy relationships course in addition to completing his community service.
· The appellant’s community supervisor provided a supportive letter.
· The sub-committee assessed that the appellant had shown genuine remorse.