Licensing (Miscellaneous) Sub-Committee – 30 July 2010
Chair: Councillor Barkworth
Venue: Pittwood House , Ashby Road, Scunthorpe
- Declarations of personal or personal and prejudicial interests and significant contact with applicants, objectors or third parties (Lobbying), if any.
- To take the minutes of the meeting held on 25 March 2010 as a correct record and authorise the chair to sign.
- Local Government (Miscellaneous Provisions) Act 1982 application for grant of street trading consent – Karen Coultard, Land off A18 Queensway (West) (near Lakeside Retail Park)
- Local Government (Miscellaneous Provisions) Act 1976 Town Police Clauses Act 1847 – Application for grant of Hackney Carriage/Private Hire Vehicle Drivers Licence – Mr Philip Palmer.
- Any other items which the chair decides are urgent by reason of special circumstances which must be specified.
PRESENT: Councillor Barkworth in the chair.
Councillors Swift (vice-chair), Clark, Ellerby and K Vickers
The sub-committee met at Pittwood House, Scunthorpe.
870 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.
871 (4) LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1982 APPLICATIONS FOR GRANT OF STREET TRADING CONSENT – Karen Coultard, Land Off A18 Queensway (West) (Near Lakeside Retail Park) – The Service Director Neighbourhood and Environment submitted a report concerning an application for a street trading consent. Details of the applications were outlined within the report, together with a letter of objection from the Principal Traffic Officer, North Lincolnshire Council and Humberside Police.
The Service Director in his report 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 terms, conditions or restrictions.
- To refuse the consent, as applied for.
Karen Coultard attended the meeting, and was accompanied by her husband who presented the submissions to the sub-committee.
Neil Norvock, Traffic Team Manager, North Lincolnshire Council explained that road safety concerns were presented as principle objections, and were not specific. These included:
- The site was not clearly visible from the road, and concerns were that if customers missed the entrance they would then enter the layby via the exit.
- A ‘No U Turn’ order on the junction of Dudley Road junction, and the activity would increase the probability of drivers carrying out this illegal manoeuvre.
- Indiscriminate parking on the highway causing obstruction to other road users and reducing flow and capacity. There were no parking restrictions to prevent parking on the dual carriageway.
- Increased risk of pedestrian conflict and unusual crossing patterns due to additional parked vehicles and the desire of pedestrians to cross the road to purchase wreaths.
- Distraction of drivers due to trading and increasing the risk of conflict.
Humberside Police did not present any objection to the proposed trading site.
The sub-committee members engaged in further discussion with the applicant and then adjourned for deliberation. When it reconvened the sub-committee –
Resolved – That permission be granted for a Street Trading consent.
872 (5) 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 – 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 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.
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 applicant be informed that previous convictions had been taken into account, but the sub-committee was prepared to give the applicant another chance, on the condition that he provided a CRB annually for the next three years, and (b) that the license be granted with a strict warning that should the applicant appear before this committee again, a more severe decision may be taken.