Licensing (Miscellaneous) Sub-Committee – 3 August 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 – Review of a Hackney Carriage / Private Hire Vehicle Drivers Licence – Mr M Khan
4.           Local Government (Miscellaneous Provisions) Act 1976 – Town Police Clauses Act 1847 – Application for a Private Hire Vehicle Drivers Licence – Mr M Abusufian
5.          Local Government (Miscellaneous Provisions) Act 1976 – Town Police Clauses Act 1847 – Application for a Private Hire Vehicle Drivers Licence – Mr J Darwood
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.

1448   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.

1449   (10)      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 – 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 informed the sub-committee that unfortunately key witnesses were unable to attend the meeting.  Therefore, the Licensing Authority were seeking an adjournment.

The licence holder and his solicitor informed the sub-committee that they wished the meeting to proceed, as the licence holder was accruing large costs employing legal representation, which would only be exacerbated were the meeting adjourned.

Resolved – That consideration of the review of Mr Khan’s licence be deferred to a future date and time.

1450   (11)    LOCAL GOVERNMENT (MISCELLANEOUS) PROVISIONS ACT 1976 – TOWN POLICE CLAUSES ACT 1847 – APPLICATION FOR THE GRANT OF A PRIVATE HIRE VEHICLE DRIVERS LICENCE – Mr M Abusufian – 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.

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 applicant addressed the sub-committee and responded to questions.

Resolved – That the sub-committee had agreed to grant Mr Abusufain a Private Hire Vehicle Drivers licence as applied for as the sub-committee were satisfied that the applicant was a fit and proper person under Section 51 of the Local Government (Miscellaneous Provisions) Act 1976.

1451   (12)    LOCAL GOVERNMENT (MISCELLANEOUS) PROVISIONS ACT 1976 – TOWN POLICE CLAUSES ACT 1847 – APPLICATION FOR THE GRANT OF A PRIVATE HIRE VEHICLE DRIVERS LICENCE –  Mr J Darwood – 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.

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 applicant addressed the sub-committee and responded to questions.

Resolved – That the sub-committee had agreed to grant Mr Darwood a Private Hire Vehicle Drivers licence as applied for as the sub-committee were satisfied that the applicant was a fit and proper person under Section 51 of the Local Government (Miscellaneous Provisions) Act 1976.