Licensing (Miscellaneous) Sub-Committee – 6 October 2016

Chairman:  Councillor K Vickers
Venue:  Function Room 1, 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 July, and the special meetings held on 20 June and 19 July 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 – Mr M Rahim

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

6.  Any other item that the chairman decides are urgent by reason of special circumstance that must be specified.

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.

1366   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.

1367   MINUTES – Resolved – That the minutes of the meeting held on 21 July 2016, and the special meetings held on 20 June and 19 July 2016, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chairman.

1368   (15)    LOCAL GOVERNMENT (MISCELLANEOUS) PROVISIONS ACT 1976 – TOWN POLICE CLAUSES ACT 1847 – REVIEW OF A HACKNEY CARRIAGE / PRIVATE HIRE VEHICLE DRIVERS LICENCE – MR RAHIM – 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 licence holder 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 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.

Mr Rahim had informed the Director 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.

1369   (16)    LOCAL GOVERNMENT (MISCELLANEOUS) PROVISIONS ACT 1976 – TOWN POLICE CLAUSES ACT 1847 – REVIEW OF A HACKNEY CARRIAGE / PRIVATE HIRE VEHICLE DRIVERS LICENCE – MR MOHAMED – 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 licence holder 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 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.

Mr Mohamed attended the hearing with his legal representative.  Mr Mohamed’s legal representative requested that consideration of the item be deferred to a different date and time.  This was to allow the licence holder’s legal representative to receive further instructions from Mr Mohamed.

Resolved – That consideration of this agenda item be deferred to a future meeting.