Licensing (Miscellaneous) Sub-Committee – 9 March 2017
Chairman: Councillor K Vickers
Venue: Function Room 1, Civic Centre, Ashby Road, Scunthorpe
Time: 10.00 am
E-mail Address: firstname.lastname@example.org
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 Mohammad Abdul Ahad.
PRESENT: – Councillor P Vickers in the chair
Councillors Armitage, Clark, Oldfield and Wells.
The sub-committee met at the Civic Centre, Scunthorpe.
1396 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||Nature of Interest|
|Councillor Armitage||Personal Licence Holder|
|Councillor Oldfield||Personal licence holder|
No lobbying was declared.
1397 (26) LOCAL GOVERNMENT (MISCELLANEOUS) PROVISIONS ACT 1976 – TOWN POLICE CLAUSES ACT 1847 – REVIEW OF A HACKNEY CARRIAGE / PRIVATE HIRE VEHICLE DRIVERS LICENCE – MR AHAD – 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.
The Licensing Authority presented the reason for the review application.
Mr Ahad attended the meeting with a friend, who made submissions and responded in detail to the review application.
Following the submissions of the Licensing Authority and the licence holder, the sub-committee then adjourned for deliberation. When it reconvened the sub-committee –
Resolved – That after hearing all the information presented before it, the Sub-Committee had noted that there had been a number of breaches of conditions by Mr Ahad’s failure to report to the licensing authority of any such convictions. Further, the Sub-Committee consider that Mr Ahad’s use of a mobile phone while driving a serious offence and the safety of the public was of paramount considerations. Therefore, the Sub-Committee had decided to revoke Mr Ahad’s licence under section 61 of the Local government Miscellaneous Provisions Act 1972 as the Sub-Committee were not satisfied that Mr Ahad was a fit and proper person under section 51 of the Local Government Miscellaneous Provisions Act 1972.