Issue - decisions

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.