Licensing (Miscellaneous) Sub-Committee – 20 March 2014

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 special meeting held on 30 January 2014 as a correct record and authorise the chair to sign.

4.  Local Government (Miscellaneous Provisions) Act 1976 Town Police Clauses Act 1847 – Application for a Hackney Carriage and Private Hire Vehicle Drivers Licence – Mr Syed Umar Gilani.

5.  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, Ellerby, Glover and Wells.

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

1150  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).

1151  (23)  LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 – TOWN POLICE CLAUSES ACT 1847 – APPLICATION FOR A HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLE DRIVERS LICENCE – MR SYED UMAR GILANI  – 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 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 Gilani 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 License be granted for a year subject to the following warning –

‘that the sub-committee was seriously concerned with not only the offence but also your failure to declare the offence to the Licensing Authority, despite the issue being highlighted to you by the Doncaster Metropolitan Borough Council Licensing Committee.

The sub-committee would like to remind you that the standing of a ‘fit and proper person’ applies to your conduct throughout your day to day life and not just during the conduct of your duties.  Therefore you are advised to always declare any offence to the Licensing Authority and that not to declare is a mitigating offence in itself’.

Reports