Licensing (Miscellaneous) Sub-Committee – 24 May 2017

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 – Renewal of a Private Hire Vehicle Drivers Licence – Arnold
4.           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 1 and 2 of Part 1 of Schedule 12A of the Local Government Act 1972 (as amended).

5.           Local Government (Miscellaneous Provisions) Act 1976 – Town Police Clauses Act 1847 – Application for the Grant of a Private Hire Vehicle Drivers Licence – EXEMPT REPORT
6.           Local Government (Miscellaneous Provisions) Act 1976 – Town Police Clauses Act 1847 – Application for the Grant of a Private Hire Vehicle Drivers Licence – EXEMPT REPORT

MINUTES

PRESENT: –  Councillor K Vickers in the chair

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

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

1412   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.

1413   (34)    LOCAL GOVERNMENT (MISCELLANEOUS) PROVISIONS ACT 1976 – TOWN POLICE CLAUSES ACT 1847 – RENEWAL OF A PRIVATE HIRE VEHICLE DRIVERS LICENCE – The Director of Operations submitted a report advising members of an application for the renewal of a 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 renew the licence as applied for with no additional conditions or restrictions other than those normally applied to such licences.
  • To renew the licence subject to additional conditions or restrictions.
  • To refuse to renew 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 application being considered by the sub-committee.

Mr Arnold attended the meeting, and was represented by his solicitor, who made submissions and responded in detail to the renewal application.

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 the Licensing (Miscellaneous) Sub-Committee had carefully considered all the representations made today and was of the view that Mr Arnold’s licence can be renewed as the sub-committee consider that he was a fit and proper person to hold a licence, in accordance with the Local Government (Miscellaneous) Provisions Act 197.

The sub-committee was aware that Mr Arnold would be operating with 14 penalty points on his licence.  However, the sub-committee was satisfied that he was now compliant with the Local Authority’s policies and the sub-committee was pleased to note that Mr Arnold had now invested in cleaning equipment.

1414   EXCLUSION OF THE PUBLIC – Resolved – That the public be excluded from the meeting for consideration of the following items (minute 1415 and 1416 refers) on the grounds that it involves the likely disclosure of exempt information as defined in Paragraphs 1 and 2 of Part 1 of Schedule 12A of the Local Government Act 1972 (as amended).

1415   (35)    LOCAL GOVERNMENT (MISCELLANEOUS) PROVISIONS ACT 1976 – TOWN POLICE CLAUSES ACT 1847 – APPLICATION FOR THE GRANT OF A PRIVATE HIRE VEHICLE DRIVERS LICENCE – The Director of Operations submitted a report advising members of an application for a 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 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 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.

The applicant attended the meeting with a member of the trade, who made submissions and responded in detail to the grant application.

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

Resolved – That the Licensing (Miscellaneous) Sub-Committee had considered the representations made today and had given particular weight to the medical report dated 6 March 2017, which stated that the applicant was fit to act as a driver of a hackney carriage or private hire vehicle.

The sub-committee therefore grant the licence application, in accordance with the Local Government (Miscellaneous Provisions Act) 1976, but do impose a condition on the licence that the applicant take a medical test yearly and submit the results of the test to the Licensing Department without delay.

1416   (36)    LOCAL GOVERNMENT (MISCELLANEOUS) PROVISIONS ACT 1976 – TOWN POLICE CLAUSES ACT 1847 – APPLICATION FOR THE GRANT OF A PRIVATE HIRE VEHICLE DRIVERS LICENCE – The Director of Operations submitted a report advising members of an application for a 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 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 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.

The applicant attended the meeting with a family member, who made submissions and responded in detail to the grant application.

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

Resolved – That the Licensing (Miscellaneous) Sub-Committee had carefully considered the representations made today and placed particular weight on the medical report dated 13 February 2017.  The sub-committee therefore granted the licence in accordance with the Local Government (Miscellaneous Provisions) Act 1976, but placed a condition on that licence that the applicant take a medical test yearly, and submit the results of the test to the Licensing Department without delay.