Licensing (Miscellaneous) Sub-Committee – 9 July 2015

Chairman:  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 16 April 2015 as a correct record and authorise the chairman to sign.

4.   Local Government (Miscellaneous Provisions) Act 1976 – Town Police Clauses Act 1847 – Review of a Hackney Carriage/Private Hire Vehicle Drivers Licence – Muhammad Shah Ali.

5.   Local Government (Miscellaneous Provisions) Act 1976 – Town Police Clauses Act 1847 – Review of a Hackney Carriage/Private Hire Vehicle Drivers Licence – Michael Kevin Junior Lyon.

6.   Local Government (Miscellaneous Provisions) Act 1976 – Application for a Hackney Carriage/Private Hire Vehicle Drivers Licence – Konrad Alesky Lucki.

7.   Local Government (Miscellaneous Provisions) Act 1976 – Town Police Clauses Act 1847 – Review of a Hackney Carriage/Private Hire Vehicle Drivers Licence – Shakeel Ahmad.

8.   Local Government (Miscellaneous Provisions) Act 1976 – Town Police Clauses Act 1847 – Review of a Hackney Carriage/Private Hire Vehicle Drivers Licence – Beston Majid Omar.

9.   Local Government (Miscellaneous Provisions) Act 1976 – Town Police Clauses Act 1847 – Review of a Private Hire Vehicle Drivers Licence – Christopher David Smith.

10.  Local Government (Miscellaneous Provisions) Act 1976 – Town Police Clauses Act 1847 – Review of a Private Hire Vehicle Drivers Licence – Emma Louise Rooney.

11.        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 Allcock, Armitage, Clark and Ellerby.

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

1248   DECLARATIONS OF DISCLOSABLE PECUNIARY INTERESTS, PERSONAL OR PERSONAL AND PREJUDICIAL INTERESTS AND SIGNIFICANT CONTACT WITH APPLICANTS, OBJECTORS OR THIRD PARTIES (LOBBYING) – The following members declared personal interests –

Member Nature of Interest
Councillor Armitage Licence holder
Councillor K Vickers Knew Private Hire Driver

 

MINUTES – Resolved – That the minutes of the meeting held on 16 April 2015, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chairman.

1249   (10)    LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 – APPLICATION FOR THE REVIEW OF A HACKNEY CARRIAGE / PRIVATE HIRE VEHICLE DRIVERS LICENCE – MR MUHAMMAD SHAH ALI – Resolved – That consideration of the item be deferred to a future date to allow the additional information to be considered and to allow all parties to attend and contribute at the hearing.

1250   (11)    LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 – TOWN POLICE CLAUSES ACT 1847 – APPLICATION FOR A HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLE DRIVERS LICENCE – MR KONRAD ALESKY LUCKI – 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 Lucki attended the meeting along with his representative Mr Fleming, who made submissions and gave an account of the events that had led 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 licence be granted, and (b) that the licence be endorsed with eight penalty points, reduced by two points each year should no further endorsements be accrued, as the sub-committee consider that Mr Lucki was a fit and proper person under the Local Government (Miscellaneous) Provisions Act 1976 and had shown remorse in relation to the incident considered.

1251   (12)    LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 – TOWN POLICE CLAUSES ACT 1847 – APPLICATION TO REVIEW A PRIVATE HIRE VEHICLE DRIVERS LICENCE – MR CHRISTOPHER DAVID SMITH –  The Director of Places submitted a report advising members of an application for review of a 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 take no action.
  • To warn the person regarding future conduct.
  • To issue points against the licence in accordance with Appendix I of the council’s Hackney Carriage and Private Hire Licensing Policy.
  • To add additional conditions to the licence (Private Hire only) or add conditions of obtaining a licence.
  • To suspend the licence for a set period of time.
  • To revoke the licence.

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.

Mr Smith attended the meeting, made submissions and gave an account of the events that had led 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 licence be allowed to continue, and (b) that that the licence be endorsed with eight penalty points, reduced by two points each year should no further endorsements be accrued, as the sub-committee consider that Mr Smith was a fit and proper person under the Local Government (Miscellaneous) Provisions Act 1976.

LOCAL GOCERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 – TOWN POLICE CLAUSES ACT 1847 – REVIEW OF A HACKNEY CARRIAGE / PRIVATE HIRE VEHICLE DRIVERS LICENCE – The Director of Places submitted a report advising members of four applications for the review of a Hackney Carriage and Private Hire Vehicle Drivers Licence to be determined by the sub-committee.

The reports 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 take no action.
  • To suspend the licence for a set period of time.
  • To revoke the licence.

Should the Sub-Committee suspend or revoke the licence or impose additional terms, conditions or restrictions then the licence holder may appeal to the Magistrates Court within 21 days from the date on which they were notified of the decision.

Should the Magistrates Court uphold the decision of the council, the licence holder 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.

1252   (13)    MR MICHAEL KEVIN JUNIOR LYON

Mr Lyon did not attend the hearing.

Resolved – That the licence be suspended until a completed medical certificate had been produced and processed by the Licensing Division and they were deemed fit to drive.

1253   (14)    MR SHAKEEL AHMAD

Mr Ahmad did not attend the hearing.

Resolved – That the licence be suspended until a completed medical certificate had been produced and processed by the Licensing Division and they were deemed fit to drive.

1254   (15)    MR BESTON MAJID OMAR

Mr Omar did not attend the hearing.

Resolved – That the licence be suspended until a completed medical certificate had been produced and processed by the Licensing Division and they were deemed fit to drive.

1255   (16)    MISS EMMA LOUISE ROONEY

Miss Rooney did not attend the hearing.

Resolved – That the licence be suspended until a completed medical certificate had been produced and processed by the Licensing Division and they were deemed fit to drive.

 

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