northlincs.gov.uk

Chair:  Councillor K Vickers
Venue:  Civic Centre, Ashby Road, Scunthorpe
Time:  10.00 am

AGENDA

1.  Substitutions.

2.  Declarations of Disclosable Pecuniary Interests and 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 meeting held on 21 June 2012 as a correct record and authorise the chair to sign (copy enclosed)

4.  Local Government (Miscellaneous Provisions) Act 1976 Town Police Clauses Act 1847 – Application to review a Hackney Carriage/Private Hire Vehicle Drivers Licence –Mr Peter Coates.

5.  Local Government (Miscellaneous Provisions) Act 1976 Town Police Clauses Act 1847 – Application to grant a Private Hire Vehicle Drivers Licence – Mr Ajaib Hussain.

6.  Any other items which the Chair decides are urgent by reason of special circumstances which must be specified.

MINUTES

PRESENT: –   Councillor K Vickers in the Chair.

Councillors Armitage, Clark, Ellerby and P Vickers.

The sub-committee met at the Civic Centre, Scunthorpe.

1019  DECLARATIONS OF DISCLOSABLE PECUNIARY INTERESTS, PERSONAL OR PERSONAL AND PREJUDICIAL INTERESTS AND SIGNIFICANT CONTACT WITH APPLICANTS, OBJECTORS OR THIRD PARTIES (LOBBYING) – The following member declared a personal interest –

1020  MINUTES – Resolved – That the minutes of the meeting held on 21 June 2012, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chair.

1021  (9)  LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 – TOWN POLICE CLAUSES ACT 1847 – APPLICATION TO REVIEW A HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLE DRIVERS LICENCE – MR P COATES – The Director of Places 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 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 add additional conditions to the licence (Private Hire only) or add conditions of obtaining a licence
• To warn the person regarding future conduct
• 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 Coates attended the meeting and was accompanied by Mrs Pugh, Proprietor Fast Cabs.  Mr Coates, supported by Mrs Pugh, made submissions and gave an account of the events that had lead to his appearance before this sub-committee, and answered questions relating to the recorded incidents.

The sub-committee then adjourned for deliberation.  When it reconvened the sub-committee,

Resolved – (a)  That it be noted that the Licensing (Miscellaneious) Sub-Committee was extremely concerned with the pattern of excessive speeding and expressed its concern over the speeding in 30mph limits which were there for the protection and safety of residents and the public living in the area; (b) that the applicant appreciate the seriousness of his excessive speeding; (c) that the applicant be allowed to keep his licence , and (d) that any further offences would bring the applicant before the sub-committee where the offences would be viewed in a more serious light and may have more serious consequences to his licence.

1022  (10)  LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 TOWN POLICE CLAUSES ACT 1847 – APPLICATION FOR GRANT OF PRIVATE HIRE VEHICLE DRIVERS LICENCE – MR A HUSSAIN – The Director of Places submitted a report advising members of an application 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 grant the licence
• 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 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 Hussain did not attend the meeting, and it was noted that this was the second occasion that the applicant had failed to attend.

Resolved – That application be deferred until the applicant has completed the Drivers Standards Agency test and re-applies to the authority for his Private Hire Vehicle Drivers Licence.