Democracy | Licensing (Miscellaneous) Sub-Committee

Licensing (Miscellaneous) Sub-Committee – 27 July 2017

Chairman: Councillor K Vickers
Venue: Function Room 1, Civic Centre, Ashby Road, Scunthorpe
Time: 10 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 6 July 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 Karim
5.           Local Government (Miscellaneous Provisions) Act 1976 – Town Police Clauses Act 1847 – Application for a Private Hire Vehicle Drivers Licence – Mr C Wilding
6.           Any other items which the Chairman decides are urgent by reason of special circumstances that must be specified.

MINUTES

PRESENT: – Councillor K Vickers in the chair

Councillors Armitage, Clark, Oldfield and Wells.

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

1441 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 –

Member	Nature of Interest
Councillor Armitage	Personal Licence Holder
Councillor Oldfield	Personal licence holder

No lobbying was declared.

1442 MINUTES – Resolved – That the minutes of the meeting held on 6 July 2017, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chairman.

1443 (7) 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 Karim – 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 licence holder and his friend addressed the sub-committee and responded to questions.

Resolved – That after consideration of all information presented before it at the hearing today, the Sub-Committee agreed that Mr Karim’s Hackney Carriage and Private Hire vehicles drivers licence be suspended, with immediate effect, for a period of 3 months. During the period of suspension Mr Karim must undertake and pass the North Lincolnshire Council taxi drivers standard test. If Mr Karim had failed to pass the test by the 26 October 2017, Mr Karim’s Hackney Carriage and Private hire vehicles licence would automatically be revoked on the 27 October 2017. The Sub-Committee were not satisfied that Mr Karim was a fit and proper person under Section 51 of the Local Government (Miscellaneous Provisions) act 1976 as the recent road traffic collision was of a very serious nature and the safety of the public was of paramount consideration.

In addition the Sub-Committee had decided to attached 12 penalty points to Mr Karim’s Hackney Carriage and Private Hire vehicles drivers licence. The penalty points would remain on the licence for a period of 5 years.

1444 (8) LOCAL GOVERNMENT (MISCELLANEOUS) PROVISIONS ACT 1976 – TOWN POLICE CLAUSES ACT 1847 – APPLICATION FOR THE GRANT OF A PRIVATE HIRE VEHICLE DRIVERS LICENCE – Mr C Wilding – The Director: Operations submitted a report advising members of an application for the grant of a Private Hire Drivers Licence to be determined by the sub-committee.

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 applicant and a friend attended the hearing, addressed the sub-committee and responded to questions.

Resolved – That after consideration of all representations presented before it at the hearing, the sub-committee agreed to grant Mr Wilding a Private Hire Vehicle Drivers licence. The sub-committee were satisfied that Mr Wilding was a fit and proper person under Section 51 of the Local Government (Miscellaneous Provisions) Act 1976.