Licensing (Miscellaneous) Sub-Committee – 21 July 2016

Chairman:  Councillor K Vickers
Venue:  Function Room 2, 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 21 April 2016 as a correct record and authorise the chairman to sign (copy enclosed).

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

MINUTES

PRESENT: –  Councillor K Vickers in the chair

Councillors P Vickers (Vice-Chairman), Armitage, Clark and Oldfield.

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

1349   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 Personal licence holder
Councillor Oldfield Personal licence holder

No lobbying was declared.

1350   MINUTES – Resolved – That the minutes of the meeting held on 21 April 2016, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chairman.

1351   (8)      LOCAL GOVERNMENT (MISCELLANEOUS) PROVISIONS ACT 1976 – TOWN POLICE CLAUSES ACT 1847 – REVIEW OF A HACKNEY CARRIAGE / PRIVATE HIRE VEHICLE DRIVERS LICENCE – MR SARDAR – The Director of Places submitted a report advising members of an application for the review of a Hackney Carriage and 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 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 Sardar had informed the Director of Places that he was unable to attend the sub-committee meeting and requested consideration of the item be deferred.

Resolved – That consideration of this agenda item be deferred to a future meeting to allow the licence holder to attend.

1352   (9)      LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 – TOWN POLICE CLAUSES ACT 1847 – APPLICATION FOR A PRIVATE HIRE VEHICLE DRIVERS LICENCE – MRS CULLUM – The Director of Places submitted a report advising members of an application for the grant of a Private Hire Vehicle Drivers Licence to be determined by the sub-committee.

The chairman considered this item as a matter of urgency to allow the grant application to be considered in a timely manner, as the next scheduled meeting of the sub-committee was not until 6 October 2016.

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.

Mrs Cullum, who attended the meeting for consideration of the item, made submissions and answered questions relating to previous convictions and other matters.

Resolved – That the Private Hire Vehicle Drivers Licence be granted, as the sub-committee was satisfied that Mrs Cullum was a fit and proper person to hold such a licence under Section 51 and Section 59 of the Local Government (Miscellaneous) Provisions Act 1976.