Licensing (Miscellaneous) Sub-Committee – 21 June 2012

 Chair:  Councillor K Vickers

Venue:  Civic Centre, Ashby Road, Scunthorpe
Time:  11 am

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 12 April 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 grant a Private Hire Vehicle Drivers Licence – Mr Ajaib Hussain.

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

6.  Local Government (Miscellaneous Provisions) Act 1982 application for grant of street trading consent – Mr J Carroll (trading as McCarrolls Burger Bar), Gilliatt Street, Scunthorpe.

7.  Local Government (Miscellaneous Provisions) Act 1982 application for grant of street trading consent –Mr Jeffrey Healy (trading as My Plaice to your Place).

8.  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 Armitage, Clark, Eckhardt and Ellerby.

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

1013  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.

1014  MINUTES – Resolved – That the minutes of the meeting held on 12 April 2012, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chair

1015  (5)  LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1982 APPLICATIONS FOR GRANT OF STREET TRADING CONSENT – Mr J Healy trading as My Plaice to your Place – The Director of Places submitted a report concerning an application for a street trading consent. Mr Healy had held a Street Trading Consent which allowed him to trade from four locations in villages in the Isle of Axholme.  The Licensing (Miscellaneous) sub-committee was advised that this consent expired on 5 April 2012.

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 Healy attended the meeting and was accompanied by his wife, Mrs Healy.

Mr Healy explained that he had been trading since 2009 and had built up a decent business, however the recession was having an impact on trade and business had dropped off in some areas.  The sub-committee was advised that Mr Healy was applying for the new locations to bring the income up to provide him with a living wage.

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 sites and times outlined within the application, with no additional conditions.

1016  (6) LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1982 APPLICATIONS FOR GRANT OF STREET TRADING CONSENT – Mr J Carroll, McCarrolls Burger Hut, Gilliatt Street, Scunthorpe –- The Director of Places submitted a report concerning an application for a street trading consent. Mr Carroll had previously held a Street Trading Consent on the High Street, Scunthorpe outside the HSBC Bank and this had subsequently been refused on re-application.  Mr Carroll was later granted Street Trading Consent permitting him to trade at the rear of Quicksilver, on Chapel Street, daily from 09:00 hours to 04:00 hours.  The Licensing (Miscellaneous) sub-committee was advised that this consent expired on 25 August 2012.

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 Carroll attended the meeting and was accompanied by his representative, Mr Clark, from Sergeant and Collins Solicitors.

Mr Clark explained that the relocation to the rear of Quicksilver, on Chapel Street had not been successful.  The footfall was extremely low and he advised the sub-committee members that business had depleted so much that Mr Carroll could not survive financially at that location.

The new application was for a more accessible and visible site.

Humberside Police did not attend the meeting, however a written submission had been received from the Tourism and Town Centres Manager.  Members engaged in discussions with the applicant and his representative, and then adjourned for deliberation

When it reconvened the sub-committee,

Resolved – (a) That the application be granted as applied for, but subject to the following conditions; (i) that the license be subject to a review in three months, and (ii) that the burger bar be located close to the bollards and wall, so that there is no public access to the rear, and (b) that it be noted that the Licensing Miscellaneous Sub-Committee has concerns with regard to interference and inconvenience to persons using the street.

1017  (7) 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 L SARGEANT – 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.

The sub-committee were provided with a copy of a letter received from Mr Sargeant, dated 14 June 2012 which explained that he would not be attending the hearing and advised the sub-committee that he did not wish to review his Hackney Carriage and Private Hire Licence.

The Licensing Officer provided details relating to the recorded incident that had lead to the request for Mr Sargeant’s appearance before this sub-committee.

Members engaged in discussion with the Licensing Officer and also the Legal representative in attendance.
Resolved – That the licence be revoked in that the Licensing Department had been advised of a conditional caution on a notifiable offence.

1018  (8) LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 TOWN POLICE CLAUSES ACT 1847 – APPLICATION FOR GRANT OF HACKNEY CARRIAGE/PRIVATE HIRE VEHICLE DRIVERS LICENCE – MR A HUSSAIN – 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
  • 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 Hussain did not attend the meeting, and had not confirmed whether or not he would be attending.  After brief discussions with members of the sub-committee the Chair agreed that Mr Hussain be given the opportunity to attend a future scheduled meeting if he wished to still apply for a private hire vehicle drivers licence.

Resolved – That application be deferred for consideration at a later date.