Licensing (Miscellaneous) Sub-Committee – 8 March 2012

Chair:   Councillor Clark

Venue:  Civic Centre, 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 February 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 Shabbir Ahmed.
  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), Carlile, Ellerby and Wells

The sub-committee met at Pittwood House, Scunthorpe.

974  COUNCILLOR D BARKWORTH – The Chairman of the Licensing (Miscellaneous) Sub-Committee invited all in attendance to stand and observe a minute silence, following the announcement of the recent death of Councillor D Barkworth on 5 March 2012.  Tribute was paid to Councillor Barkworth’s services to the council, and its Licensing Committee/Sub-Committees.

975  DECLARATIONS OF PERSONAL OR PERSONAL AND PREJUDICIAL INTERESTS AND SIGNIFICANT CONTACT WITH APPLICANTS, OBJECTORS OR THIRD PARTIES (LOBBYING) – Councillors Clark and Ellerby declared a personal interest as Mr Ahmed’s translator and representative was visually known to both through their involvement with the South Humber Racial Equality Council (SHREC).

976  MINUTES – Resolved – That the minutes of the meeting held on 16 February 2012, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chair

977  (20)  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 revoke the licence
  • To suspend a 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 Ahmed attended the meeting with his translator and representative Mr Abed Khan for consideration of the item.  Mr Ahmed 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 the recorded incident.

Mr Khan provided a personal reference.

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

Resolved – (a) That Mr Ahmeds’ licence be allowed to continue, and (b) that Mr Ahmed be warned that in future, as best practice, it would be wise to hand in any unknown objects found in his taxi to the Police.