northlincs.gov.uk

Licensing (Miscellaneous) Sub-Committee (Special Meeting) – 30 June 2009

MINUTES

PRESENT:  Councillor Barkworth in the chair.

Councillors Clark, Davison, Ellerby and Vickers

The sub-committee met at Pittwood House, Scunthorpe.

784  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 –

785  LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1982 APPLICATION FOR GRANT OF STREET TRADING CONSENT – PETER KEANE (T/A COFFEE REPUBLIC), COLE STREET, SCUNTHORPE – The Service Director Neighbourhood and Environment advised members of the sub-committee that Mr Keane had not received the necessary papers requesting his attendance at this meeting. Consequently, it was –

Resolved – That the application be adjourned until a future meeting of the sub-committee.

786  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 two 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 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.

(9)  MR D E MITCHAM

Mr Mitchum attended the meeting for consideration of the item and made submissions and answered questions relating to a previous conviction, which had led to his recent appearance at Grimsby Crown Court.

Resolved – (a) That the applicant be advised that the committee view violence as a very serious matter, however on this occasion, and on the information available today and with no evidence available to the contrary, the committee has taken into account the mitigation surrounding the offence, and (b) that the license be granted with a serious warning that any further offence would result in his appearance before this committee again where a more serious view may be taken.

(10)  MR A UGRADER

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

Resolved – That the license be granted.