Licensing (Miscellaneous) Sub-Committee – 28 January 2010
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 special meeting held on 7 October 2009, and ordinary meeting held on 3 December 2009 as a correct record and authorise the chair to sign
- Local Government (Miscellaneous Provisions) Act 1982 application for renew of street trading consent – Melanie Taylor, A18 Layby, Broughton Crossroads, Broughton, North Lincolnshire
- Local Government (Miscellaneous Provisions) Act 1976 Town Police Clauses Act 1847 – Application to Review a Hackney Carriage/Private Hire Vehicle Drivers Licence – Mr D E Mitchum
- 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 Swift (vice-chair) Clark, Ellerby and K Vickers
The sub-committee met at Pittwood House, Scunthorpe.
837 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.
838 MINUTES – Resolved – That the minutes of the meeting held on 3 December 2009, and the special meeting held on 7 October 2009, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chair.
839 (32) LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1982 – APPLICATION FOR THE RENEWAL OF A STREET TRADING CONSENT – MELANIE TAYLOR, A18 LAYBY, BROUGHTON CROSSROADS, BROUGHTON, NORTH LINCOLNSHIRE – Resolved – That it be noted the application had been withdrawn.
840 (33) LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 – TOWN POLICE CLAUSES ACT 1847 – APPLICATION FOR REVIEW OF HACKNEY CARRIAGE/PRIVATE HIRE VEHICLE DRIVERS LICENCE – MR D E MITCHUM – The Service Director Neighbourhood and Environment submitted a report advising members of an applications 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 revoke 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 Mitchum attended the meeting for consideration of the item. Also in attendance was Mrs Pugh, secretary of the North Lincolnshire Taxi and Private Hire Association and Mr Mitchum’s employer.
Mr Mitchum made a submission and gave an account of the events that had lead to his appearance before this sub-committee, and answered questions relating to reported incident. Mrs Pugh also commented on Mr Mitchum’s character.
The sub-committee then adjourned for deliberation. When it reconvened the sub-committee,
Resolved – (a) That the applicant be advised that the sub-committee had taken into account the mitigation put forward by the applicant and on this occasion the licence would remain in force; (b) that in order to obtain a licence in the future, the applicant was required to obtain a CRB check on an annual basis, and (c) that the applicant receive a strongly worded warning as to his conduct and that any future offences would result in him coming back before this sub-committee where a more severe view may be taken.