Licensing (Miscellaneous) Sub-Committee – 25 September 2008
Chair: Councillor Barkworth
Venue: Pittwood House, Ashby Road, Scunthorpe
- Declarations of personal or personal and prejudicial interests and significant contact with Applicants, Objectors or Third Parties (Lobbying), if any.
- To take the minutes of the meeting held on 24 July 2008 as a correct record and authorise the chair to sign.
- Local Government (Miscellaneous Provisions) Act 1976 Town Police Clauses Act 1847 – Application for Review of Hackney Carriage/Private Hire Vehicle Drivers Licence – Mr A Ali.
- Local Government (Miscellaneous Provisions) Act 1976 Town Police Clauses Act 1847 – Application to Review of a Hackney Carriage/Private Hire Vehicle Drivers Licence – Mr D E Mitcham.
- Any other items which the Chair decides are urgent by reason of special circumstances which must be specified.
PRESENT: Councillor Swift in the chair.
Councillors L Foster, C Sherwood, Smith and Wells.
The sub-committee met at Pittwood House, Scunthorpe.
730 DECLARATIONS OF PERSONAL OR PERSONAL AND PREJUDICIAL INTERESTS AND SIGNIFICANT CONTACT WITH APPLICANTS, OBJECTORS OR THIRD PARTIES (LOBBYING) –
There were no declarations of personal or personal and prejudicial interests.
731 MINUTES – Resolved – That the minutes of the meeting held on 24 July 2008, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chair.
732 LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 TOWN POLICE CLAUSES ACT 1847 – APPLICATION FOR REVIEW 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 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.
(20) MR A ALI
Mr Ali attended the meeting for consideration of the item. The applicant was offered representation as concerns had been expressed over the limited submissions relating to previous convictions and associated matters. Mr Ali declined.
Resolved – (a) That the licence be revoked under Section 61 (1) (6) of the Local Government (Miscellaneous Provisions) Act in that this sub-committeefeels that the pattern of excessive speeding poses a threat to public safety, and (b) that should the applicant wish to appeal to the Magistrates Court, this must be actioned within 21 days from the date on which they were notified of this decision
(21) MR D E MITCHAM
The Service Director Neighbourhood and Environment advised members of the sub-committee that Mr Mitcham had submitted his apologies, and was unable to attend the meeting.
Resolved – That the application be deferred until the next meeting of the sub-committee.