Licensing (Miscellaneous) Sub-Committee – 17 February 2011

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 16 December 2010 as a correct record and authorise the chair to sign
  4. Local Government (Miscellaneous Provisions) Act 1976 Town Police Clauses Act 1847 – Application to renew or review a Hackney Carriage/Private Hire Vehicle Drivers Licence – Mr Damian Cochrane
  5. Local Government (Miscellaneous Provisions) Act 1976 Town Police Clauses Act 1847 – Application to grant a Hackney Carriage/Private Hire Vehicle Drivers Licence – Mr Derek Martin Kennington
  6. Local Government (Miscellaneous Provisions) Act 1976 Town Police Clauses Act 1847 – Application to grant a Private Hire Vehicle Drivers Licence – Mr Daniel John James Heaton
  7. Local Government (Miscellaneous Provisions) Act 1976 Town Police Clauses Act 1847 – Application to grant a Private Hire Vehicle Drivers Licence – Mr Stephen Paul Dickinson
  8. Local Government (Miscellaneous Provisions) Act 1976 Town Police Clauses Act 1847 –Application to review a Hackney Carriage/Private Hire Vehicle Drivers Licence – Mr Derek Robert Shaw
  9. 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 K Vickers

The sub-committee met at Pittwood House, Scunthorpe.

901  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.

902  MINUTES – Resolved – That the minutes of the meeting held on 16 December 2010, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chair.

903  (15) LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 – TOWN POLICE CLAUSES ACT 1847 – APPLICATION TO RENEW OR REVIEW A HACKNEY CARRIAGE/PRIVATE HIRE VEHICLE DRIVERS LICENCE – MR D COCHRANE – The Service Director Neighbourhood and Environment submitted a report advising members of an applications 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 revoke a licence.

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

  • To revoke the licence.
  • To warn the person regarding future conduct.
  • 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.

Mr Cochrane, who attended the meeting for consideration of the item advised that he had witness statements that he would like taking into consideration.

After brief discussions the chair agreed that it would be beneficial to see all of the evidence from both parties.

Resolved – That following the request to submit further evidence and the need to call additional witnesses, the decision was taken to defer the meeting to ensure that Mr Cochrane received a fair hearing

904  (16)  LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 TOWN POLICE CLAUSES ACT 1847 – APPLICATION FOR GRANT OF HACKNEY CARRIAGE/PRIVATE HIRE VEHICLE DRIVERS LICENCE – MR D M Kennington – The Service Director Neighbourhood and Environment submitted a report advising members of an 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
  • 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 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 Kennington, who attended the meeting for consideration of the item, made submissions and answered questions relating to previous allegations and his appearance in Court.

Resolved – That on the basis that no evidence had been put forward by the relevant agencies to substantiate the allegations, and the fact that no further action had been taken, the committee’s decision was to grant the applicant a Hackney Carriage/Private Hire vehicle Drivers Licence.

905  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 reports advising members of two applications for grant of a 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.

(17)  MR D J J HEATON

Mr Heaton attended the meeting for consideration of the item, made submissions and answered questions relating to previous convictions and associated 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 consideration and a more severe decision may be taken.

906  (18)  MR S P DICKINSON

The Service Director Neighbourhood and Environment advised members of the sub-committee that Mr Dickinson had not arrived for the meeting and no apologies had been received.

Resolved – (a) The application be deferred, and (b) that the applicant be advised that should he wish to pursue the grant of a licence he needed to be in attendance at a future meeting of the sub-committee when his application would be considered.

907  (19)  LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 – TOWN POLICE CLAUSES ACT 1847 – APPLICATION TO RENEW OR REVIEW A HACKNEY CARRIAGE/PRIVATE HIRE VEHICLE DRIVERS LICENCE – MR D R SHAW – The Service Director Neighbourhood and Environment submitted a report advising members of an applications 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 revoke 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 request the person undertake and pass a Driving Standards Agency test.
  • 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.

Mr Shaw attended the meeting for consideration of the item and was accompanied by Mrs Joy Wright, representative of the North Lincolnshire Taxi and Private Hire Association.  The sub-committee considered the evidence and submissions from the applicant and Mrs Joy Wright relating to previous convictions and associated matters.

Resolved –  (a) That the decision of the committee was to take no action against the applicant and allowed him to continue with his licence, and (b) that the applicant be advised that the sub-committee did not condone acts of violence and wished to give a strict warning as to his future conduct.