Licensing (Miscellaneous) Sub-Committee – 26 July 2018

Chairman:  Councillor K Vickers
Venue:  Function Room 1, Civic Centre, Ashby Road, Scunthorpe
Time:  10 am
E-mail Address: sophie.whipps@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 7 June 2018 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 A Roquibe.
5.           Local Government (Miscellaneous Provisions) Act 1976 – Renewal of a Private Hire Vehicle Drivers Licence – Mr P E Feneley.
6.           Local Government (Miscellaneous Provisions) Act 1976 – Application for a Private Hire Vehicle Drivers Licence – Mr P S Hardisty.
7.           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 Clark, Armitage, Ellerby and C Sherwood.

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

1523   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

No lobbying was declared.

1524   MINUTES – Resolved – That the minutes of the meeting held on 7 June 2018, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chairman.

1525   MINUTES SILENCE – As a mark of respect, the sub-committee observed a minutes silence for the passing of Nick Cole, Scunthorpe Telegraph reporter.

1526   (9)      LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 – TOWN POLICE CLAUSES ACT 1847 – REVIEW OF A HACKNEY CARRIAGE / PRIVATE HIRE VEHICLE DRIVERS LICENCE – Mr M A Roquibe – The Director: Operations submitted a report advising members of a review of a Hackney Carriage and Private Hire Vehicle Drivers Licence to be determined by the sub-committee.

The report contained background information on the process for determining such requests, 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 such information were:

  • To take no action.
  •  To warn the person regarding future conduct.
  •  To add additional conditions to the licence or add conditions of obtaining a licence.
  •  To award warning points to the licence.
  •  To suspend the licences for a set period of time.
  •  To revoke the licence.

Should the sub-committee revoke the licence 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 requests at meetings of the sub-committee had previously been circulated to members.

The Licensing Authority presented the reason for the review being considered by the sub-committee.

The licence holder attended the hearing and made submissions and responded to questions.

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

Resolved – That after careful consideration of the information presented before it at the hearing, the Licensing (Miscellaneous) Sub-Committee agreed to endorse Mr Roquibe’s Hackney Carriage and Private Hire Vehicles Drivers Licence with 30 warning points in accordance with list 32 and 73 of the Hackney carriage and Private Hire Licensing Policy. The warning points would remain on the licence for a period of 3 years.

Mr Roquibe had in total 36 warning points on his Hackney Carriage and Private Hire Vehicle Drivers Licence, however, the sub-committee had agreed that Mr Roquibe was a fit and proper person to continue to hold a Hackney Carriage and Private Hire Vehicle Drivers Licence under sections 51 and 59 of the Local Government (Miscellaneous Provisions) Act 1976.

1527   (10)    LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 – RENEWAL OF A PRIVATE HIRE VEHICLE DRIVERS LICENCE – Mr P E Feneley – The Director: Operations submitted a report advising members of an application for renewal of a Private Hire Vehicle 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 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 refuse to renew.

Should the sub-committee revoke the application or impose additional terms, conditions or restrictions then the applicant 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 applicant 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, who made submissions and responded to questions.

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

Resolved – That after careful consideration of all the information presented at the hearing, the Licensing (Miscellanoeus) Sub-Committee agreed to endorse Mr Feneley’s Private Hire Vehicle Drivers Licence with 12 warning points in accordance with list 73 of the Hackney Carriage and Private Hire Licensing Policy for failure to declare to the Licensing Authority the two offences at the relevant time. These warning points would remain on the licence for a period of 3 years.

Mr Feneley had in total 12 warning points on his Private Hire Vehicle Drivers Licence, however, the sub-committee had agreed that Mr Feneley was a fit and proper person to continue to hold a Private Hire Vehicle Drivers Licence under section 51 of the Local Governement (Miscellaneous Provisions) Act 1976.

1528   (11)    LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 – APPLICATION FOR A PRIVATE HIRE VEHICLE DRIVERS LICENCE – Mr P S Hardisty – The Director: Operations submitted a report advising members of an application for the grant of a Private Hire Vehicle 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 applicant 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 applicant 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, who made submissions and responded to questions.

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

Resolved – That after careful consideration of all the information presented at the hearing, the Licensing (Miscellaneous) Sub-Committee had agreed to grant the applicant a Private Hire Vehicle Drivers Licence as applied for as the sub-committee were satisfied that the applicant was a fit and proper person to hold such a licence under section 51 of the Local Government (Miscellaneous Provisions) Act 1976.