Licensing (Miscellaneous) Sub-Committee – 27 November 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 25 September 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 Hackney Carriage/Private Hire Vehicle Drivers Licence – Mr P Palmer.
  5. Local Government (Miscellaneous Provisions) Act 1976 Town Police Clauses Act 1847 – Application to Review a Hackney Carriage/Private Hire Vehicle Drivers Licence – Mr M Holmes.
  6. Local Government (Miscellaneous Provisions) Act 1976 Town Police Clauses Act 1847 – Application for Renewal of a Hackney Carriage/Private Hire Vehicle Drivers Licence – Mr I S Massie.
  7. Local Government (Miscellaneous Provisions) Act 1976 Town Police Clauses Act 1847 – Application for Renewal of a Hackney Carriage/Private Hire Vehicle Drivers Licence – Mr D E Mitcham.
  8. 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), Clarke, Ellerby and Wells.

The sub-committee met at Pittwood House, Scunthorpe.

743  DECLARATIONS OF PERSONAL OR PERSONAL AND PREJUDICIAL INTERESTS AND SIGNIFICANT CONTACT WITH APPLICANTS, OBJECTORS OR THIRD PARTIES (LOBBYING) –

The following member declared a personal interest –

Member Minute Number Nature of Interest
Councillors Clark 740

 

Applicant and family known from school.

744  MINUTES – Resolved – That the minutes of the meeting held on 25 September 2008, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chair.

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

(25)  MR D E MITCHAM

Mr Riggs, the solicitor representing Mr Mitcham, attended and advised members of the sub-committee that Mr Mitcham was unable to attend the meeting.  He explained that Mr Mitcham had been assaulted on the previous Saturday and had sustained multiple injuries to the head.

Resolved – (a)  That the application be deferred for a further three weeks, and (b) that a special meeting of the Licensing (Miscellaneous) sub-committee be arranged for three weeks time to consider Mr Mitcham’s application.

746  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 one application for grant of a Hackney Carriage/Private Hire Drivers Licence to be determined by the sub-committee.

The report 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 application 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.

(26)  MR P PALMER

Mr Palmer, 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 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 61 (1) (b) of the Local Government (Miscellaneous Provisions) Act 1976, in that due to the pattern and propensity of violence displayed over the past number of years, and that in line with guidance, it is felt that there should be at least three years free from the date of the last relevant conviction, (b) that a further application be considered within twelve months time, and (c) 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.

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

The report 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 application were:

  • To revoke the licence.
  • To suspend the licence for a set period of time.
  • To take no action.

Should the Sub-Committee refuse the application or impose additional terms, conditions or restrictions then the applicant may appeal to the Magistrates Court within 21 days from the date on which he 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.

(27)  MR M HOLMES

Mr Holmes 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 his future conduct, and that any further offences would result in the applicant appearing before this sub-committee again for a further review.

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

The report 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 application were:

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

Should the Sub-Committee refuse the application or impose additional terms, conditions or restrictions then the applicant may appeal to the Magistrates Court within 21 days from the date on which he 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.

(28)  MR I S MASSIE

Mr Massie attended the meeting for consideration of the item and was accompanied by Mr N Southworth, friend and colleague.  Mr Massie made submissions and answered questions relating to previous convictions and other matters.  Mr Southworth endorsed what had been discussed, and reiterated that the event in question had not been in keeping with Mr Massie’s usual character.

Resolved – That the licence be granted