northlincs.gov.uk

PRESENT: Councillor Barkworth in the chair.

Councillors Clark, Ellerby, Swift and Vickers

The sub-committee met at Pittwood House, Scunthorpe.

797 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.

798 MINUTES – Resolved – That the minutes of the meeting held on 31 July 2009, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chair.

799 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 application at meetings of the sub-committee had previously been circulated to members.

(15) MR I M MOHAMUD

Mr Mohamud attended the meeting for consideration of the item and was accompanied by Mrs Joy Wright, representative of the North Lincolnshire Taxi and Private Hire Association. Also in attendance were three North Lincolnshire Council officers who had provided witnesses statements for the events that had lead to Mr Mohamud’s appearance before this sub-committee, and answered questions relating to reported incident.

The sub-committee considered the evidence and submissions from the applicant, Mrs Joy Wright and also the three witnesses.

Resolved – (a) That the Sub-Committee notes that the applicant had been abusive towards a member of staff and was extremely concerned and dismayed by this conduct, (b) that the applicant be allowed to retain his licence, and (c) that the applicant be given a very severe warning as to his conduct and language towards staff and members of the public and informed that any further incidents would result in him appearing before this committee again where a more severe decision may be taken.

(16) MR C R TOYNE

Mr Toyne attended the meeting for consideration of the item, made submissions and answered questions relating to previous convictions and other matters.

Resolved – (a) That the applicant be allowed to retain his licence, and (b) that the applicant receive a warning as to his conduct and be advised that any further offences would result in his appearance before this committee again where a more severe decision may be teken.

800 (17) LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 TOWN POLICE CLAUSES ACT 1847 – APPLICATION FOR GRANT OF HACKNEY CARRIAGE/PRIVATE HIRE VEHICLE DRIVERS LICENCE – MR A P FOX – 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.

Mr Fox attended the meeting for consideration of the item and was accompanied by Mr W Bartle, owner of CB Taxi’s, Barton upon Humber. Mr Fox and Mr Bartle made submissions. Mr Fox answered questions which related to previous convictions that had led to his appearance on numerous occasions before Telford Magistrates Court and Birmingham Magistrates Court.

Resolved – (a) That the licence be granted on the basis that the applicant had five years free of offences, (b) that the applicant be advised that his past conduct gave rise for some concern, and (c) that the applicant receive a warning about his conduct and be advised that any further incidents would result in his appearance before this committee again where a more severe decision may be taken.