Licensing (Miscellaneous) Sub-Committee – 12 April 2012

Chair:  Councillor Clark
Venue:  Civic Centre, Ashby Road, Scunthorpe
Time:   10 am

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 8 March 2012 as a correct record and authorise the chair to sign.

4.  Local Government (Miscellaneous Provisions) Act 1976 Town Police Clauses Act 1847 – Application to review a Hackney Carriage/Private Hire Vehicle Drivers Licence – Mr Grzegorz Karol Pieczynski.

5.  Any other items which the Chair decides are urgent by reason of special circumstances which must be specified.

MINUTES

PRESENT:  Councillor Clark in the Chair.

Councillors P Vickers (Vice-Chairman), Grant, Ellerby and Wells
The sub-committee met at the Civic Centre, Scunthorpe.

988  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.

989  MINUTES – Resolved – That the minutes of the meeting held on 8 March 2012, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chair.

990  (24)  LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 – TOWN POLICE CLAUSES ACT 1847 – APPLICATION TO REVIEW A HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLE DRIVERS LICENCE – MR S Ahmed – The Director of Neighbourhood and Environmental Services 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 revoke a licence.

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

  • To take no action
  • To warn the person regarding future conduct
  • To add additional conditions to the licence or add conditions of obtaining a licence
  • To suspend a licence
  • To revoke 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.

Mr G Pieczynski attended the meeting and was accompanied by Mr S Commander, Proprietor JUJ Taxis.  Mr Pieczynski, supported by Mr Commander, made submissions and gave an account of the events that had lead to his appearance before this sub-committee, and answered questions relating to the recorded incident.

The sub-committee then adjourned for deliberation.  When it reconvened the sub-committee.

Resolved – (a) That the applicant be advised that the sub-committee had taken into account the mitigation put forward by the applicant and the licence would remain in force; (b) that the applicant be warned of his future conduct, in particular that of violence, and (c) that the applicant receive a strongly worded warning as to his conduct and that any future offences would result in him coming back before this sub-committee where a more severe view may be taken with the possibility of the license being revoked.

 

Reports