Licensing (Miscellaneous) Sub-Committee – 10 January 2013

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 1 November 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 John Paul Leasing.

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

6.  Local Government (Miscellaneous Provisions) Act 1976 Town Police Clauses Act 1847 – Application for a Hackney Carriage/Private Hire Vehicle Drivers Licence – Mr Nigel William Palmer.

7.  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), Armitage, Clark and Ellerby.The sub-committee met at the Civic Centre, Scunthorpe.1058  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).1059  MINUTES – Resolved – That the minutes of the meeting held on 1 November 2012, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chairman.1060  (28) LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 – TOWN POLICE CLAUSES ACT 1847 – APPLICATION TO REVIEW A HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLE DRIVERS LICENCE – MR JOHN PAUL LEASING – 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 Leasing attended the meeting, 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 issued with a strongly worded warning with regard to his future conduct; (b) that the applicant be allowed to keep his licence; (c) that the Licensing (Miscellaneous) Sub-Committee take a very serious view of convictions and incidents involving dishonesty; (d) that Mr Leasing be reminded that as a taxi driver he is in a position of trust with customers, and customers not only place themselves but their property in his unaccompanied care; (e) that Mr Leasing be reminded that honesty is paramount, and (f) that any further incidents that lead to Mr Leasing re-appearing before the sub-committee will result in a much more serious view being taken.

1061  (29) LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 – TOWN POLICE CLAUSES ACT 1847 – APPLICATION TO REVIEW A HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLE DRIVERS LICENCE –  MR MICHAEL KEVIN JUNIOR LYON – 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 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.

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 Lyon attended the meeting, 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 issued with a strongly worded warning with regard to his future conduct; (b) that the applicant be allowed to keep his licence; (c) that the Licensing (Miscellaneous) Sub-Committee take a very serious view of convictions and incidents involving any degree of violence and would ask that Mr Lyon be mindful of the seriousness of this, and (d) that any future incidents that bring Mr Lyon before the sub-committee would be viewed in a more serious light.

1062   (30) LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 – TOWN POLICE CLAUSES ACT 1847 – APPLICATION TO GRANT A HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLE DRIVERS LICENCE – MR NIGEL WILLIAM PALMER – 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 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 refuse a licence.

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 Palmer 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 applicant be granted his license but be issued with a strongly worded warning with regard to his future conduct; (b) that the Licensing (Miscellaneous) Sub-Committee takes a very serious view of convictions and incidents involving any degree of violence or assault and would ask that Mr Palmer be mindful of the seriousness of this, and (c) that any future incidents that bring Mr Palmer before the sub-committee would be viewed in a more serious light.