Licensing (Miscellaneous) Sub-Committee – 17 July 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 meeting held on 20 March and special meetings held on 1 May and 12 June 2014 as a correct record and authorise the chair to sign.

 4.  Local Government (Miscellaneous Provisions) Act 1982 application for a Private Hire Vehicle Drivers Licence – Mr Shane Michael Conneely

 5.  Local Government (Miscellaneous Provisions) Act 1982 application for a Private Hire Vehicle Drivers Licence – Mr Thomas Bright Roulston

 6.  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 Swift.

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

1173   DECLARATIONS OF DISCLOSABLE PECUNIARY INTERESTS, PERSONAL OR PERSONAL AND PREJUDICIAL INTERESTS AND SIGNIFICANT CONTACT WITH APPLICANTS, OBJECTORS OR THIRD PARTIES (LOBBYING) – The following member declared a personal interest –

Member                                     Minute         Nature of Interest                          
Councillor Armitage    Licence holder
Councillor Armitage 1176 Knew Applicant by sight only


1174   MINUTES – Resolved – That the minutes of the meeting held on 30 March 2014 and special meetings held on 1 May and 12 June 2014, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chairman.

1175  (5 )  LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 – TOWN POLICE CLAUSES ACT 1847 – APPLICATION  FOR A PRIVATE HIRE VEHICLE DRIVERS LICENCE – MR SHANE MICHAEL CONNEELY – 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 Conneely 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 – (a) That the license be granted, and (b) that it be noted that the Licensing (Miscellaneous) Sub-Committee takes a serious view on acts of violence and whilst commending Mr Conneely on his efforts to address these issues, the Sub-Committee would remind him that any other offences would mean he would be brought back before the Sub-Committee where a more serious view may be taken.

1176   (6)  LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 – TOWN POLICE CLAUSES ACT 1847 – APPLICATION  FOR A PRIVATE HIRE VEHICLE DRIVERS LICENCE – MR THOMAS BRIGHT ROULSTON – 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 Roulston 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 due to the pattern of offences over a prolonged period of time, which included driving offences and a very recent drug offence in 2010, the decision of the Licensing (Miscellaneous) Sub-Committee was to refuse to grant the licence.