Licensing (Miscellaneous) Sub-Committee – 28 July 2011

Chair:  Councillor Clark
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 7 April 2011 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 Mark Holmes
  5. Local Government (Miscellaneous Provisions) Act 1976 Town Police Clauses Act 1847 – Application to grant a Private Hire Vehicle Drivers Licence – Mr Craig Anthony Downing.
  6. Any other items which the Chair decides are urgent by reason of special circumstances which must be specified.

MINUTES

PRESENT:  Councillor Clark (Chairman). 

Councillors P Vickers (Vice-Chairman), Barkworth, Ellerby and Wells

The sub-committee met at Pittwood House, Scunthorpe.

934  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. 

935  MINUTES – Resolved – That the minutes of the meeting held on 7 April 2011, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chair.

936  (6) LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 – TOWN POLICE CLAUSES ACT 1847 – APPLICATION TO REVIEW A HACKNEY CARRIAGE/PRIVATE HIRE VEHICLE DRIVERS LICENCE – Mr M Holmes– The Director Neighbourhood and Environment 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.

On this basis it was clarified that 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 issue a warning 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 Holmes attended the meeting for consideration of the item.  Mr Holmes made a submission and gave an account of the events that had lead to his appearance before this sub-committee, and answered questions relating to recorded incidents.

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

Resolved – (a) That Mr Holmes’ licence be allowed to continue, (b) that the sub–committee was concerned that this was the third occasion that Mr Holmes had appeared before the committee and that all offences were speed related which demonstrated a pattern of offending, and (c) that the applicant be warned strongly as to his conduct and that any future offences will result in him coming back before this sub-committee where a more severe view may be taken which may result in the loss of his license.

937  (7)  LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 TOWN POLICE CLAUSES ACT 1847 – APPLICATION FOR GRANT OF HACKNEY CARRIAGE/PRIVATE HIRE VEHICLE DRIVERS LICENCE – MR C A Downing – The Director Neighbourhood and Environment Services 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 Downing attended the meeting for consideration of the item and was accompanied by Mr W Jackson, Partner of Caths Cabs and personal acquaintance.  Both made submissions and answered questions relating to previous convictions and other matters.

Mr W Jackson, confirmed that the Caths Cabs would like to offer Mr Downing future employment as they were happy with the applicant’s character reference.

The Police did not attend the hearing.

Resolved – That the licence be granted.

Reports