Democracy | Licensing (Miscellaneous) Sub-Committee

Licensing (Miscellaneous) Sub-Committee – 1 November 2012

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

AGENDA

1. Substitutions.

2. Declarations of Disclosable Pecuniary Interests and 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 6 September 2012 as a correct record and authorise the chair to sign.

4. Local Government (Miscellaneous Provisions) Act 1982 application for grant of street trading consent – Mr R Dennis (trading as the Nippy Chippy), Greengate Lane, South Killingholme.

5. Local Government (Miscellaneous Provisions) Act 1976 Town Police Clauses Act 1847 – Application to review a Hackney Carriage/Private Hire Vehicle Drivers Licence – Mr Mohammed Shujon Miah.

6. Local Government (Miscellaneous Provisions) Act 1976 Town Police Clauses Act 1847 – Application to review a Private Hire Vehicle Drivers Licence – Mr Craig Anthony Downing.

7. Local Government (Miscellaneous Provisions) Act 1976 Town Police Clauses Act 1847 – Application to review a Hackney Carriage/Private Hire Vehicle Drivers Licence – Mr Shirab Miah

8. Local Government (Miscellaneous Provisions) Act 1976 Town Police Clauses Act 1847 – Application to review a Hackney Carriage/Private Hire Vehicle Drivers Licence – Mr James Forsyth Ward

9. Local Government (Miscellaneous Provisions) Act 1976 Town Police Clauses Act 1847 – Application to grant a Private Hire Vehicle Drivers Licence – Mr Yasin Abdullah Kazy.

10. Local Government (Miscellaneous Provisions) Act 1976 Town Police Clauses Act 1847 – Application to review a Hackney Carriage/Private Hire Vehicle Drivers Licence – Mr Ali Omar Aziz.

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

MINUTES

PRESENT: Councillor K Vickers in the chair

Councillors P Vickers (Vice-Chairman), Carlile, Clark and Whiteley.

The sub-committee met at the Civic Centre, Scunthorpe.

1046 DECLARATIONS OF DISCLOSABLE PECUNIARY INTERESTS, PERSONAL OR PERSONAL AND PREJUDICIAL INTERESTS AND SIGNIFICANT CONTACT WITH APPLICANTS, OBJECTORS OR THIRD PARTIES (LOBBYING) –There were no declarations of disclosable pecuniary interests, personal or personal and prejudicial interests and significant contact with applicants, objectors or third parties (lobbying).

1047 MINUTES – Resolved – That the minutes of the meeting held on 6 September 2012, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chairman.

1048 (20) LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1982, APPLICATION FOR GRANT OF STREET TRADING CONSENT (MR R DENNIS, TRADING AS THE NIPPY CHIPPY) – The Director of Places submitted a report concerning an application for a street trading consent. Mr Dennis had submitted his application, as detailed in appendix A of the report, wishing to trade from a purpose built mobile unit selling fish and chips at Green Gate Lane, South Killingholme on Tuesdays from 16:00-19:00hours and on Fridays from 15:30-17:00hours. An objection had been made by a local resident on the grounds of nuisance and annoyance, a copy of which was also appended to the report.

The 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 application as applied for with no additional conditions or restrictions
To grant the application subject to different terms, conditions or restrictions or location
To refuse to grant the application

Mr Dennis attended the meeting and was accompanied by his colleague Mr J Tyrell.

Mr Dennis explained that following redundancy he had taken advantage of the opportunity to trade using the mobile unit as a business venture. He had been trading from the location since the end of February 2012 but had been unaware that it was actually in North Lincolnshire, not North East Lincolnshire. Mr Dennis stated that he had been welcomed by the local parish council and also presented two letters of support.

Humberside Police did not attend the meeting. Members engaged in discussions with the applicant, and then adjourned for deliberation.

When it reconvened the sub-committee,

Resolved – That the application be granted for the site and times outlined within the application, with no additional conditions.

1049 (21) LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 – TOWN POLICE CLAUSES ACT 1847 – APPLICATION TO REVIEW A HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLE DRIVERS LICENCE – MR MOHAMMAD SHUJON MIAH – The Director of Places 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 the licence for a set period of time
To add additional conditions to the licence (Private Hire only) or add conditions of obtaining 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 Miah attended the meeting and was accompanied by Mr R Ahmed a friend and interpreter. Mr Miah, supported by Mr Ahmed, made submissions, 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 warned regarding his future conduct, in particular that of physical altercations/violence; (b) that the sub-committee takes a dim view of physical altercations/violence in his profession, 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.

1050 (22) LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 – TOWN POLICE CLAUSES ACT 1847 – APPLICATION TO REVIEW A HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLE DRIVERS LICENCE – MR C A DOWNING – The Director of Places 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 options available to the sub-committee when considering the application were:

To revoke the licence
To suspend a licence
To add additional conditions to the licence (Private Hire only) or add conditions of obtaining a licence
To warn the person regarding future conduct
To take no action

The procedure for dealing with such applications at meetings of the sub-committee had previously been circulated to members.

Mr Downing attended the meeting and was accompanied by Mr W Jackson an ‘employee representative’ to provide assistance.

Resolved – That consideration of the application be deferred until a future date, to be determined.

1051 (23) LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 – TOWN POLICE CLAUSES ACT 1847 – APPLICATION TO REVIEW A HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLE DRIVERS LICENCE – MR SHIRAB MIAH – The Director of Places 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 options available to the sub-committee when considering the application were:

To revoke the licence
To suspend a licence
To add additional conditions to the licence (Private Hire only) or add conditions of obtaining a licence
To warn the person regarding future conduct
To take no action

The procedure for dealing with such applications at meetings of the sub-committee had previously been circulated to members.

Mr Miah attended the meeting and was accompanied by Mr Machunda a friend/taxi driver. Mr Miah, supported by Mr Machunda, made submissions, 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 it be noted that the Licensing (Miscellaneous) Sub-Committee was extremely concerned with the pattern of excessive speeding and the applicant be warned regarding his future conduct; (b) that the applicant be allowed to keep his licence, and (c) that any further offences would bring the applicant before the sub-committee where the offences would be viewed in a more serious light and may have more serious consequences to his license.

1052 (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 J F WARD – The Director of Places 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 options available to the sub-committee when considering the application were:

To revoke the licence
To suspend a licence
To add additional conditions to the licence (Private Hire only) or add conditions of obtaining a licence
To warn the person regarding future conduct
To take no action

The procedure for dealing with such applications at meetings of the sub-committee had previously been circulated to members.

Mr Ward did not attend the meeting. After brief discussions with members of the sub-committee, it was suggested that Mr Ward be given another opportunity to attend a future scheduled meeting.

Resolved – That application be deferred for consideration at the January 2013 scheduled meeting of the sub-committee.

1053 (25) LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 – TOWN POLICE CLAUSES ACT 1847 – APPLICATION TO GRANT A HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLE DRIVERS LICENCE – MR YASIN ABDULLAH KAZY – The Director of Places submitted a report advising members of an application for the grant of a Hackney Carriage/Private Hire Drivers Licence to be determined by the sub-committee.

The Director of Places 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 options available to the sub-committee when considering the application 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 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 Kazy attended the meeting, but chose not to make submissions in support of his application. He responded to questions asked by members.

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

Resolved – (a) That the licence be granted as applied for, and (b) that the applicant be warned of his future conduct and that he must declare any future convictions.

1054 (26) LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 – TOWN POLICE CLAUSES ACT 1847 – APPLICATION TO REVIEW A HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLE DRIVERS LICENCE – MR ALI OMAR AZIZ – The Director of Places 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 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 add additional conditions to the licence (Private Hire only) or add conditions of obtaining a licence
To warn the person regarding future conduct
To take no action

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 Aziz attended the meeting and was accompanied by Mrs Pugh, General Manager of Fast Cabs, the applicant’s employer. Mr Aziz, supported by Mrs Pugh, made submissions, 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 –