Democracy | Licensing (Miscellaneous) Sub-Committee

Licensing (Miscellaneous) Sub-Committee – 28 September 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. Local Government (Miscellaneous Provisions) Act 1976 – Town Police Clauses Act 1847 – Review of a Hackney Carriage / Private Hire Vehicle Drivers Licence – Mr R Kumar

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

5. Any other items that the chairman decides are urgent by reason of special circumstances that must be specified.

The public are likely to be excluded from the meeting for consideration of the following item on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 2 and 7 of Part 1 of Schedule 12A of the Local Government Act 1972 (as amended).

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

MINUTES

PRESENT: – Councillor K Vickers in the chair

Councillors Armitage, Clark, Oldfield and Wells.

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

1361 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.

1362 (12) LOCAL GOVERNMENT (MISCELLANEOUS) PROVISIONS ACT 1976 – TOWN POLICE CLAUSES ACT 1847 – REVIEW OF A HACKNEY CARRIAGE / PRIVATE HIRE VEHICLE DRIVERS LICENCE – MR KUMAR – 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 Kumar and a friend, who attended the meeting for consideration of the item, made submissions and answered questions.

Resolved – That, in accordance with list number 21 of the council’s Penalty Points Scheme, Mr Kumar’s Hackney Carriage licence be endorsed with three penalty points. The Licensing (Miscellaneous) Sub Committee was of the view that the licence holder breached Byelaw 9 set by the Licensing Authority in that he failed to behave in a civil and orderly manner.

1363 (13) LOCAL GOVERNMENT (MISCELLANEOUS) PROVISIONS ACT 1976 – TOWN POLICE CLAUSES ACT 1847 – REVIEW OF A HACKNEY CARRIAGE / PRIVATE HIRE VEHICLE DRIVERS LICENCE – MR SARDAR – Further to Minute 1351, 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.

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

Resolved – That the licence holder receive a severe warning in relation to his speeding convictions. In addition, he be reminded that the Licensing (Miscellaneous) Sub-Committee consider speeding to be a very serious offence and, should he receive any further speeding convictions, these would be dealt with seriously.

1364 EXCLUSION OF THE PUBLIC – Resolved – That the public be excluded from the meeting for consideration of the following item (minute 1364 refers) on the grounds that it involves the likely disclosure of exempt information as defined in Paragraphs 2 and 7 of Part 1 of Schedule 12A of the Local Government Act 1972 (as amended).

1365 (14) LOCAL GOVERNMENT (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 an application for the review of a Hackney Carriage and Private Hire Drivers Licence to be determined by the sub-committee.

To lift the suspension on the licence.
To maintain the current suspension and take no further action.
To revoke the licence.

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.

The licence holder, who was accompanied by a friend, attended the meeting for consideration of the item, made submissions and answered questions relating to previous convictions and other matters.

Resolved – That the suspension of the licence be lifted. However, the Licensing (Miscellaneous) Sub-Committee gave the licence holder a warning as to his conduct and requested that he attend a further session of the Safeguarding Training provided by the Licensing department.