Venue: Council Chamber - South Cambs Hall. View directions
Contact: Aaron Clarke 03450 450 500 Email: email@example.com
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.
Declarations of Interest
Councillor Deborah Roberts declared that they had participated on
the panel for the licensee’s last hearing, but came to the matter afresh.
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).
Appeal against the refusal to grant a Private Hire Driver Licence
The sub-committee heard representations from the licence holder and Licensing Enforcement Officer.
On the balance of probabilities, the sub-committee refused to grant the Private Hire Driver Licence.
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 policy states:‘Where an application has a conviction for any offence of dishonesty, or any offence where dishonesty is an element of the offence, a licence will not be granted until at least 7 years have elapsed since the completion of any sentence imposed.’That time period would expire at the earliest in November 2022, the appellant provided no cogent reason why the sub-committee should depart from policy.
· The appellant denied the National Crime Agency statement.
· The appellant provided no explanation for the difference between the information provided by the National Crime Agency and the information provided in their additional statement.
· The appellant stated he had applied for a licence because of the Covid pandemic which the chronology of events did not support.
· The appellant did not show remorse for their actions.
· The appellant did not sufficiently prove that they were a fit and proper person.