Licensing (Miscellaneous) Sub-Committee – 24 July 2008

Chair:  Councillor Barkworth
Venue:  Pittwood House, Ashby Road, Scunthorpe
Time:  10.00 am

AGENDA

1.  Substitutions.

2.  Declarations of 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 24 June 2008 as a correct record and authorise the chair to sign.

4.  Local Government (Miscellaneous Provisions) Act 1976 Town Police Clauses Act 1847 – Application for Grant of Hackney Carriage/Private Hire Vehicle Drivers Licence – Mr K Z Iqbal

5.  Local Government (Miscellaneous Provisions) Act 1976 Town Police Clauses Act 1847 – Application for Grant of Hackney Carriage/Private Hire Vehicle Drivers Licence – Mr A L Green

6.  Local Government (Miscellaneous Provisions) Act 1976 Town Police Clauses Act 1847 – Application to Review of a Hackney Carriage/Private Hire Vehicle Drivers Licence – Mr S A Rob

7.  Any other items which the Chair decides are urgent by reason of special circumstances which must be specified.

MINUTES

PRESENT: Councillor Barkworth in the chair.

Councillors Swift (vice-chair), Clark, Ellerby and Wells.

Councillor Whiteley attended the meeting in accordance with Procedure Rule 37(b).

The sub-committee met at Pittwood House, Scunthorpe.

723 DECLARATIONS OF PERSONAL OR PERSONAL AND PREJUDICIAL INTERESTS AND SIGNIFICANT CONTACT WITH APPLICANTS, OBJECTORS OR THIRD PARTIES (LOBBYING) – The following members declared personal interests –

Member
Minute Number
Nature of Interest
Councillors Barkworth, Swift,
Ellerby, Clark and Wells
723 (16) Applicant known by sight only.
Councillor Barkworth 724 Applicants representative known by sight only.

724 MINUTES – Resolved – That the minutes of the meeting held on 24 June 2008, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chair.

725 LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 TOWN POLICE CLAUSES ACT 1847 – APPLICATION FOR GRANT OF HACKNEY CARRIAGE/PRIVATE HIRE VEHICLE DRIVERS LICENCE – The Service Director Neighbourhood and Environment submitted a report advising members of two applications for grant of a Hackney Carriage/Private Hire Drivers Licence to be determined by the sub-committee.

The reports 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 refuse a licence.

The options available to the sub-committee when considering the applications 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.

(16) MR K Z IQBAL

Mr Iqbal attended the meeting for consideration of the item and was represented by his solicitor Mr Richard Hepworth, from E C Lidster & Co.

Mr Hepworth explained that Mr Iqbal had been charged with a criminal offence. The applicant intended to plead not guilty, however his court appearance had been delayed from 14 July 2008 until 11 August 2008 on medical grounds. Mr Hepworth asked for the application to be adjourned until after the court hearing.

Resolved – That the application be adjourned until a later date.

(17) MR A L GREEN

Mr Green attended the meeting for consideration of the item, made submissions and answered questions relating to a previous conviction and associated matters.

Resolved – (a) That the licence be granted, and (b) that the applicant be warned as to his future conduct, and that any further offences would result in the applicant appearing before this sub-committee again for consideration.

726 (18) LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 TOWN POLICE CLAUSES ACT 1847 – APPLICATION FOR REVIEW OF HACKNEY CARRIAGE/PRIVATE HIRE VEHICLE DRIVERS LICENCE – MR S A ROB – The Service Director Neighbourhood and Environment submitted a report advising members of one application for review of a Hackney Carriage/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 refuse a licence.

The options available to the sub-committee when considering the application were:

  • To revoke the licence.
  • To suspend the licence for a set period of time.
  • To take no action.

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.

Mr Rob, who was accompanied by his partner Mrs Rob and Mr Rabbani Choudhury-Hannan, Interpreter from Scunthorpe Local Link, attended the meeting for consideration of the item. Both Mr and Mrs Rob made submissions and answered questions relating to a previous Police caution and associated matters.

Resolved – (a) That the licence be allowed to continue, and (b) that the applicant be warned as to his future conduct, and that any repeat of misconduct would result in the applicant appearing before this sub-committee again for consideration.