Licensing (Miscellaneous) Sub-Committee – 26 March 2009
Chair: Councillor Barkworth
Venue: Pittwood House, Ashby Road, Scunthorpe
Time: 10.00 am
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 meetings held on 27 November and 18 December 2008 as a correct record and authorise the chair to sign.
4. Local Government (Miscellaneous Provisions) Act 1976 Town Police Clauses Act 1847 – Application to Review a Hackney Carriage/Private Hire Vehicle Drivers Licence – Mr G Allen.
5. Local Government (Miscellaneous Provisions) Act 1976 Town Police Clauses Act 1847 – Application to Review a Hackney Carriage/Private Hire Vehicle Drivers Licence – Mr M Khurshid.
6. Any other items which the Chair decides are urgent by reason of special circumstances which must be specified
PRESENT: Councillor Barkworth in the chair.
Councillors Clark, Ellerby, Swift and Wells
The sub-committee met at Pittwood House, Scunthorpe.
762 DECLARATIONS OF PERSONAL OR PERSONAL AND PREJUDICIAL INTERESTS AND SIGNIFICANT CONTACT WITH APPLICANTS, OBJECTORS OR THIRD PARTIES (LOBBYING) –
Mrs Jo Findley, Scrutiny and Regulatory Support Officer, declared a non-pecuniary interest in Minute 764 as a family member, working within the council’s school transport department, had been named within the statement submitted by the Child Protection Team.
763 MINUTES – Resolved – That the minutes of the meeting held on 27 November and 18 December 2008, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chair.
764 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 an 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.
(32) MR G ALLEN
Mr Allen attended the meeting for consideration of the item, made submissions and gave an account of the events that had lead to his appearance before this sub-committee, and answered questions relating to reported incident.
The sub-committee considered the evidence and submissions and also the statement issued by the Child Protection Team and agreed that further information would be welcomed from the Child Protection Team before making a decision. It was suggested that Mr Allen seek representation for his next appearance before the panel.
Resolved – (a) That the decision be deferred on the grounds that this sub-committee does not feel it has sufficient information to make such a decision, and (b) that the Child Protection Team be asked to attend the next meeting to provide further evidence of the events leading to Mr Allen’s appearance before this sub-committee.
(33) MR M KHURSHID
Mr Khurshid, who attended the meeting for consideration of the item, made submissions and answered questions relating to a previous conviction and other matters.
Resolved – (a) That the licence be granted, and (b) that the applicant be warned as to their future conduct, and that failure to declare any convictions would result in the applicant appearing before this sub-committee again for consideration.