Licensing (Miscellaneous) Sub-Committee (Special Meeting) – 7 October 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.
The public are likely to be excluded from the meeting for consideration of the following item on the grounds that it involves the likely disclosure of exempt information as defined in paragraphs 1 and 2 of Part 1 of Schedule 12A of the Local Government Act 1972 (as amended).
3. Local Government (Miscellaneous Provisions) Act 1976 Town Police Clauses Act 1847 – Application to Review a Hackney Carriage/Private Hire Vehicle Drivers Licence – Mr W H. (exempt report)
4. 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 Ellerby, Glover, Swift and Vickers
The sub-committee met at Pittwood House, Scunthorpe.
814 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.
815 Resolved – That the public be excluded from the meeting for consideration of the following item (Minute 816 refers) on the grounds that it involves the likely disclosure of exempt information as defined in paragraphs 1 and 2 of Part 1 of Schedule 12A of the Local Government Act 1972 (as amended).
816 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.
(21) MR W H
Mr W H did not attend the meeting upon advice received from his legal representative.
Resolved – (a) That the meeting be postponed until such time that the Court has made its decision, and (b) the licence remain suspended until the Court process has been conclude