northlincs.gov.uk

Licensing (Miscellaneous) Sub-Committee – 2 November 2017

Chairman:  Councillor K Vickers
Venue:  Function Room 1, Civic Centre, Ashby Road, Scunthorpe
Time:  10.00 am
E-mail Address: matthew.nundy@northlincs.gov.uk

 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 5 October 2017 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 – Mr M Khan
5.           Any other items that the chairman decides are urgent by reason of special circumstances 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.

1473   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 a personal interest –

No lobbying was declared.

1474   MINUTES – Resolved – That the minutes of the meeting held on 5 October 2017, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chairman.

1475   (23)    LOCAL GOVERNMENT (MISCELLANEOUS) PROVISIONS ACT 1976 – TOWN POLICE CLAUSES ACT 1847 – APPLICATION FOR THE REVIEW OF A HACKNEY CARRIAGE / PRIVATE HIRE VEHICLE DRIVERS LICENCE – Mr M Khan – Further to minute 1449, the Director: Operations submitted a report advising members of an application for 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 revoke the licence.

Should the sub-committee revoke 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 application being considered by the sub-committee.  In addition, the Licensing Authority called two Humberside Police Officers as witnesses and showed CCTV footage to support their case.

The licence holder attended the meeting, and was represented by his solicitor, who made submissions and responded in detail to the case put forward by the Licensing Authority.  In addition, the licence holder solicitor showed footage recorded on a mobile phone to support their case.

Following the submissions of the Licensing Authority and the applicant and his solicitor, the sub-committee then adjourned for deliberation.  When it reconvened the sub-committee –

Resolved – That after considering all the submissions made at the hearing, the decision of the Licensing (Miscellaneous) Sub-Committee was to suspend Mr Khan’s Private Hire and Hackney Carriage drivers licence for a period of three months, with immediate effect.

The Licensing (Miscellaneous) Sub-Committee was very concerned that Mr Khan failed to comply with the Police Officers requirements.

The safety and protection of the public was the sub-committees primary concern and it was imperative that licensed driver within North Lincolnshire comply with officers in positions of authority.  This was in accordance with the Local Government (Miscellaneous Provisions) Act 1976.