northlincs.gov.uk

PRESENT: Councillor Barkworth in the chair.

Councillors Swift (vice-chair), Clark, Ellerby and K Vickers

The sub-committee met at Pittwood House, Scunthorpe.

855 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.

856 EXCLUSION OF THE PUBLIC – Resolved – That the public be excluded from the meeting for consideration of the following item (Minute 857 refers) on the grounds that it involves the likely disclosure of exempt information as defined in paragraphs 1 and 2 of Part 1 of Schedule 12A of the Local Government Act 1972 (as amended).

857 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 warn the person regarding future conduct.

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.

(39) MR W H

Mr W H did not attend the meeting. The Service Director Neighbourhood and Environment updated the committee on the current position of Mr W H since consideration of his application had been deferred (Minute 816 refers).

Resolved – (a) That the licence be revoked with immediate effect on the grounds that the sub-committee was not satisfied that the applicant was a fit and proper person to hold such a licence under section 61 (1)(a)(ii) of the Local Government (Miscellaneous Provisions) Act 1976, as there were concerns in respect of public safety, (b) the DVLA license had been revoked and (c) due to the applicants ill health.

The public were invited back into the meeting for consideration of the following items.

858 (40) LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 TOWN POLICE CLAUSES ACT 1847 – APPLICATION FOR REVIEW OF HACKNEY CARRIAGE/PRIVATE HIRE VEHICLE DRIVERS LICENCE – MR R D KHAN – 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 warn the person regarding future conduct.
• To take no further 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.

Mr Khan did not attend the meeting. The Service Director Neighbourhood and Environment advised the members that Mr Khan had been disqualified from driving for a period of six months due to an accumulation of traffic offences between July 2007 and April 2009. Written confirmation had been received from Pontefract Magistrates Court in January 2010.

Resolved – (a) That the licence be revoked with immediate effect on the grounds that the sub-committee was not satisfied that the applicant was a fit and proper person to hold such a licence under section 61 (1)(a)(ii) of the Local Government (Miscellaneous Provisions) Act 1976, in that the DVLA licence had been suspended for six months due to an excessive accumulation of traffic offences and that the applicant had not put forward any mitigation.

859 LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1982 APPLICATION FOR GRANT OF STREET TRADING CONSENT – The Service Director Neighbourhood and Environment submitted reports concerning two applications for street trading consent. Details of the applications were outlined within the reports, together with any letters of objection that had been received from the Principal Traffic Officer, North Lincolnshire Council and Humberside Police.

The Service Director in his reports reminded the sub-committee that the options available to it under the Local Government (Miscellaneous Provisions) Act 1982 when considering such applications were:-

• To grant the consent as applied for with no additional conditions or restrictions.
• To grant the consent, subject to different conditions or restrictions.
• To refuse the consent, as applied for.

(41) MR JEFFREY HEALY

Mr Healy attended the meeting, and was accompanied by his wife. Mr Healy presented the submissions to the sub-committee. He explained that he wished to trade at four proposed sites within the Isle of Axholme, these being at Ealand, Eastoft, Garthorpe and Luddington where he wished to sell fish and chips.

The Service Director Neighbourhood and Environment advised members of the sub-committee that itinerant street traders, ie those that move from place to place, should not remain for more than one half hour in any street. Therefore it was requested that the sub-committee consider a deviation to the itinerant street trading policy.

Mr Healy confirmed that the request for 2 hours at each site was to enable him to ensure that the fryers were up to temperature prior to cooking and that they also had the opportunity to cool down slightly before leaving the site.

The sub-committee members engaged in further discussion with the applicant and then adjourned for deliberation. When it reconvened the sub-committee,

Resolved – (a) That the application be granted as the sub-committee had considered the reasons put forward by the applicant and on this occasion was satisfied that the standard street trading condition 6 should be varied, and (b) that from Monday to Friday trading would be permitted from 5pm to 7pm on the sites to be agreed with the Licensing Department.

(42) MR NOEL GEORGE MCRAE

Mr McRae did not attend the meeting. The Service Director Neighbourhood and Environment provided further details to the sub-committee and confirmed that objections had been received from both Humberside Police and the Principal Traffic Officer, North Lincolnshire Council which were appended to the report.

Ian Jickells, Principal Traffic Officer for North Lincolnshire Council outlined the concerns over the proposed site and explained that according to the land registry the piece of land was adopted highway. In addition, the sub-committee was advised that there was no vehicle access point, the vehicle would have to cross the pathway and that the adjacent road area was subject to restricted parking.

The sub-committee members engaged in further discussion and then adjourned for deliberation. When it reconvened the sub-committee,

Resolved – (a) That the application be refused on the grounds of road and pedestrian safety as the sub-committee was conscious that the area was heavily used by pedestrians and vehicles and the safety of those users had to be a paramount consideration, and (b) that the sub-committee would not condone illegality as the site was adopted highway and could not be legally accessed.