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Decision Maker: Licensing Committee
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
Members are asked to consider making the sign up to the DBS Update Service mandatory for all new and renewal applicant drivers.
The Committee received a report from the Environmental Health
Manager.
The report advised that under the powers conferred to
Cambridge City Council under the Town Police Clauses Act 1847 and the Local
Government (Miscellaneous Provisions) Act 1976, (as amended), Cambridge City
Council has responsibility for licensing Hackney Carriage, Private Hire and
Dual Licence Drivers as well as vehicle proprietors and Private Hire Operators
within the City.
Licensed drivers provide a public service and the City
Council will not licence any individual to drive a Hackney Carriage or a
Private Hire Vehicle unless it is satisfied that they are a fit and proper
person.
There is no definition of ‘fit and proper’ in legislation, nor
a fixed legislative process. It is for Cambridge City Council to determine how
it wishes to be satisfied that a driver is fit and proper.
One of the requirements is for a driver to undertake a
criminal record check at ‘enhanced disclosure’ level upon application and at
three yearly intervals. This check is known as an Enhanced DBS (Disclosure and
Barring Service) Check.
Since the launch of the Update Service in June 2013,
Cambridge City licensed drivers have been encouraged to subscribe to it. Given the benefits for licence holders and
the authority, it is proposed that subscription to the DBS Update Service
becomes mandatory for all licensed drivers.
The Committee made the following comments in response to the report:
i.
The DBS was important to ensure that drivers were ‘fit and proper’ people.
ii.
Queried if there were any General Data Protection
Regulation implications?
The Environmental
Health Manager said no General Data Protection Regulation implications
were expected, as DBS was a national scheme, so should comply with the
regulation.
The Committee:
Resolved
(unanimously) to make subscription to the DBS Update Service
mandatory for all licensed drivers with immediate effect.
Report author: Vickie Jameson
Publication date: 15/10/2018
Date of decision: 01/10/2018
Decided at meeting: 01/10/2018 - Licensing Committee
Accompanying Documents: