Licensing (Miscellaneous) Sub-Committee – 22 May 2008

Chair: Councillor Barkworth
Venue: Pittwood House, Ashby Road, Scunthorpe
Time: 10am

AGENDA

  1. Substitutions.
  2. Declarations of personal or personal and prejudicial interests and significant contact with Applicants, Objectors or Third Parties (Lobbying), if any.
  3. To take the minutes of the meeting held on 27 March 2008 as a correct record and authorise the chair to sign.
  4. Local Government (Miscellaneous Provisions) Act 1976 Town Police Clauses Act 1847 – Application for Grant of a Hackney Carriage/Private Hire Vehicle Drivers Licence – Mr K W Smith.
  5. Local Government (Miscellaneous Provisions) Act 1976 Town Police Clauses Act 1847 – Application for Grant of a Hackney Carriage/Private Hire Vehicle Drivers Licence – Mr M M Rahman.
  6. Local Government (Miscellaneous Provisions) Act 1976 Town Police Clauses Act 1847 – Application for Grant of a Hackney Carriage/Private Hire Vehicle Drivers Licence – Mr M Nazir.
  7. Any other items which the Chair decides are urgent by reason of special circumstances which must be specified.

 MINUTES

PRESENT: Councillor Barkworth in the chair.

Councillors Swift (vice-chair), Clark, Ellerby and Wells.

The sub-committee met at Pittwood House, Scunthorpe.

697 DECLARATIONS OF PERSONAL OR PERSONAL AND PREJUDICIAL INTERESTS AND SIGNIFICANT CONTACT WITH APPLICANTS, OBJECTORS OR THIRD PARTIES (LOBBYING) – There were no declarations of personal or personal and prejudicial interests.

698 MINUTES – Resolved – That the minutes of the meeting held on 27 March 2008, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chair.

699 LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 TOWN POLICE CLAUSES ACT 1847 – APPLICATION FOR GRANT OF HACKNEY CARRIAGE/PRIVATE HIRE VEHICLE DRIVERS LICENCE – The Service Director Neighbourhood and Environment submitted a report advising members of three applications for grant of a Hackney Carriage/Private Hire Drivers Licence to be determined by the sub-committee.

The reports contained background information on the process for determining such applications, the information to be taken into account and the circumstances in which the sub-committee could refuse a licence.

The options available to the sub-committee when considering the applications were:

  • To grant the licence as applied for with no additional conditions or restrictions other than those normally applied to such licences.
  • To grant the licence subject to additional conditions or restrictions.
  • To refuse to grant the licence.

Should the Sub-Committee refuse the application or impose additional terms, conditions or restrictions then the applicant may appeal to Magistrates Court within 21 days from the date on which he/she was notified of the decision. Should the Magistrates uphold the decision of the council, the applicant had further recourse to the Crown Court.

The procedure for dealing with such applications at meetings of the sub-committee had previously been circulated to members.

(1) MR K W SMITH

Mr Smith, who attended the meeting for consideration of the item, made submissions and answered questions relating to previous convictions and other matters.

Resolved – (a) That the licence be granted, and (b) that the applicant be warned as to their future conduct, and that any further speeding convictions or offences would result in the applicant appearing before this sub-committee again for consideration.

(2) MR M M RAHMAN

Mr Rahman who was accompanied by a family friend, attended the meeting for consideration of the item, made submissions and answered questions relating to previous convictions and other matters.

Resolved – (a) That the licence be granted, and (b) that the applicant be warned as to their future conduct, and that any further offences would result in the applicant appearing before this sub-committee again for consideration.

(3) MR M NAZIR

Mr Nazir who was accompanied by a family friend, attended the meeting for consideration of the item, made submissions and answered questions relating to previous convictions and other matters.

Resolved – (a) That the application be refused on the grounds that this sub-committee is not satisfied that the applicant is a fit and proper person to hold such a licence under Section 51 and Section 59 of the Local Government (Miscellaneous) Provisions Act 1976, in that the accumulation of various offences over a period of time including dishonesty and a pattern of traffic offences. Although no conviction occurred from West Yorkshire Police submissions, the sub-committee has taken into account the allegations and this with other offences has resulted in the refusal, and (b) that should the applicant wish to appeal to the Magistrates Court, this must be actioned within 21 days from the date on which they were notified of this decision.