Licensing (Miscellaneous) Sub-Committee – 13 May 2013
Time: 9.30 am
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 2 May 2013 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 – Mrs Pamela Elizabeth Smith.
5. Any other items which the Chair decides are urgent by reason of special circumstances which must be specified.
Councillors P Vickers (Vice-Chairman), Armitage, Clark and Ellerby.The sub-committee met at the Civic Centre, Scunthorpe.1087 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).1088 MINUTES – Resolved – That the minutes of the meeting held on 2 May 2013, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chairman.At this point in the proceedings the meeting was adjourned to enable Licensing officers to arrive, and thereupon reconvened.
1089 (39) APPLICATION TO REVIEW A HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLE DRIVERS LICENCE – MRS PAMELA ELIZABETH SMITH – 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 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.
Mrs Smith attended the meeting and was accompanied by her Legal Representative, Mr Chris Dickens. Mr Dickens made both written and verbal, submissions, gave an account of the events that had lead to Mrs Smiths appearance before this sub-committee, and answered questions relating to the recorded incident. Mrs Smith declined the opportunity to make any additional submissions.
The sub-committee then adjourned for deliberation. When it reconvened the sub-committee –
Resolved – (a) That Mrs Smith be allowed to retain her license, and (b) that the Licensing (Miscellaneous) Sub-Committee issued Mrs Smith with a severe warning and advised her that if there was any further reason for her to re-appear before the sub-committee due to speeding related offences that a more severe sanction may be imposed.