Agenda and minutes

Venue: Leader's Room - South Cambs Hall. View directions

Contact: Keira Mbye  01954 713000 Email: democratic.services@scambs.gov.uk

Items
No. Item

1.

Declarations of Interest

As a Councillor, you are reminded of the requirements under the Council’s Code of Conduct to register interests and to disclose interests in a meeting. You should refer to the requirements set out in the Code of Conduct which are summarised in the notes at the end of this agenda frontsheet.

Minutes:

There were no declarations of interest.

2.

Exclusion of Press and Public

The Chair 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 Chair 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?

Minutes:

The press and public were 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).

3.

Introductions / Procedure pdf icon PDF 107 KB

The Chair 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.

4.

Appeal against the revocation of a Private Hire Driver licence

Minutes:

The Sub-Committee decided on the balance of probabilities to Revoke the Licence to the appellant.

 

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

·       Evidence as referred to above.

 

The sub-committee made its decision for the following reasons:

 

·       The subcommittee could not verify the statement contained in the email on 20th May 2021, appendix E which contained no evidence of the friend who was to be picked up.

 

·       The subcommittee did not accept the explanation put forward by the appellant of the events that occurred on that day of picking up the wrong person and how he knew where to drop the customer off. The subcommittee were also concerned that the appellant failed to ask any questions of the friend.

 

·       The subcommittee was concerned why he wished to surrender his licences the next day after the alleged incidents. The subcommittee believed the appellant was concerned the incident would be reported to the licencing authority and therefore sought to surrender each of his licences.

 

·       The subcommittee accepted the statement of the complainant that he believed he was being picked up by an executive vehicle and therefore questioned why the executive plate was not available in the glove box which encouraged him to ask for the appellant’s licence.