Licensing (Miscellaneous) Sub-Committee – 27 June 2013
Chair: Councillor K Vickers
Venue: Civic Centre, Ashby Road, Scunthorpe
Time: 10 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 13 May 2013 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 Patrick Beggs, Site B, High Street, Scunthorpe
5. Local Government (Miscellaneous Provisions) Act 1976 Town Police Clauses Act 1847 – Application to grant a Private Hire Vehicle Drivers Licence – Mr Kadir Ismail Najmadeen.
6. Any other items which the Chair decides are urgent by reason of special circumstances which must be specified.
PRESENT: Councillor K Vickers in the chair
Councillors Armitage, Eckhardt, Ellerby* and Glover.
The sub-committee met at the Civic Centre, Scunthorpe.
1111 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).
1112 MINUTES – Resolved – That the minutes of the meeting held on 13 May 2013, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chairman.
1113 (6) LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1982, APPLICATION FOR GRANT OF STREET TRADING CONSENT – Mr Patrick Beggs, Site B, High Street Scunthorpe – The Director of Places submitted a report concerning an application for a street trading consent. Mr Beggs had submitted his application, as detailed in appendix A of the report, wishing to trade from a Tricycle Ice Cream Cart, selling Ice Cream and Frozen Drinks. No objections had been made but the street trading policy stated that all applications for the pedestrianised area were to be determined by the licensing (Miscellaneous) Sub-Committee.
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
- To grant the application subject to different terms, conditions or restrictions or location.
- To refuse to grant the application.
Mr Beggs did not attend the meeting and the application was heard in his absence.
Resolved – That the application be granted for the site and times outlined within the application, with no additional conditions.
* At this stage in the proceedings Councillor Ellerby joined the meeting and confirmed that he had no declarations of disclosable pecuniary interests, personal or personal and prejudicial interests or significant contact with applicants, objectors or third parties (lobbying).
1114 (7) LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 – TOWN POLICE CLAUSES ACT 1847 – APPLICATION FOR A PRIVATE HIRE VEHICLE DRIVERS LICENCE – MR KADIR ISMAIL NAJMADEEN – 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 Najmadeen 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 incidents.
The sub-committee then adjourned for deliberation. When it reconvened the sub-committee,
Resolved – That the decision application for a Private Hire Vehicle Drivers License be refused for the following reasons –
1. a pattern of major traffic offences including a number of disqualifications which had led the sub-committee to decided that the applicant was not a fit and proper person to hold a private hire vehicle drivers license
2. further separate allegations disclosed were serious enough on the balance of probabilities that the sub-committee concluded that the applicant was not a fit and proper person.