Licensing (Miscellaneous) Sub-Committee – 16 April 2015

Chair:  Councillor K Vickers
Venue: Civic Centre, Ashby Road, Scunthorpe
Time:  10 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 special meetings held on 11 December 2014 and 15 January 2015 as a correct record and authorise the chair to sign (copy enclosed).

4. Local Government (Miscellaneous Provisions) Act 1982 application for a Private Hire Vehicle Drivers Licence – Mr David Robert Turner.

5. Local Government (Miscellaneous Provisions) Act 1982 application for a Private Hire Vehicle Drivers Licence – Mr Jatinder Singh.

6. Local Government (Miscellaneous Provisions) Act 1982 application for a Private Hire Vehicle Drivers Licence – Mr Hemn Aziz Kadar.

7. Local Government (Miscellaneous Provisions) Act 1976 Town Police Clauses Act 1847 – Review of a Hackney Carriage/Private Hire Vehicle Drivers Licence – Mr Muhammad Shah Ali.

8. Local Government (Miscellaneous Provisions) Act 1976 Town Police Clauses Act 1847 – Review of a Hackney Carriage/Private Hire Vehicle Drivers Licence – Mr Masood Rahim.

9. Local Government (Miscellaneous Provisions) Act 1976 Town Police Clauses Act 1847 – Appeal against the issue of penalty points on a Hackney Carriage/ Private Hire Vehicle Drivers Licence – Mr Mohammed Misbah Uddin.

10. 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, Swift and P Vickers.

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

1220   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 –

Member Minute Nature of Interest
 

Councillor Armitage

 

Licence holder

 

1221   MINUTES – Resolved – That the minutes of the meeting held on 11 December 2014, and the special meeting held on 15 January 2015, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chairman.

LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 – APPLICATION FOR A PRIVATE HIRE VEHICLE DRIVERS LICENCE –The Director of Places submitted a report advising members of three applications for the grant of a Private Hire Vehicle 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 application 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 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.

1222   (24)    MR DAVID ROBERT TURNER

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

Resolved – That the licence be granted for a 12 month period.

1223   (25)    MR JATINDER SINGH

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

Resolved – That the licence be granted for a 12 month period.

1224   (26)    MR HEMN AZIZ KADAR

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

Resolved – The decision of the sub-committee was to refuse the application for the licence as the members were not satisfied you are a fit and proper person under Section 51 of the Local Government Miscellaneous Provisions Act 1976, as there is a pattern of offending, with the offences being of a serious nature.  The public safety was the sub-committees paramount consideration.

LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 – TOWN POLICE CLAUSES ACT 1847 – REVIEW OF A HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLE DRIVERS -The Director of Places submitted a report advising members of two 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 take no action.
To warn the person regarding future conduct.
To issue points against the licence in accordance with Appendix I of the council’s Hackney Carriage and Private Hire Licensing Policy.
To add additional conditions to the licence or add conditions of obtaining a licence.
To suspend the licence for a set period of time.
To revoke 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.

1225   (27)    MR MUHAMMAD SHAH ALI

Mr Ali, who was accompanied by a friend and Mr Fleming, Chairman of the Scunthorpe branch of the National Taxi Association, attended the meeting for consideration of the item, made submissions and answered questions.

Resolved – That consideration of the item be deferred to a future meeting.

1226   (28)    MR MASOOD RAHIM

Mr Rahim, who was accompanied by a friend and Mr Fleming, Chairman of the Scunthorpe branch of the National Taxi Association, attended the meeting for consideration of the item, made submissions and answered questions.

Resolved – After consideration of all the information presented before it, the sub-committee agreed to take no further action in relation to Mr Rahim’s licence.  It was also confirmed to Mr Rahim that at this moment in time, no points were attached to his licence.

1227   (29)    LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 – TOWN POLICE CLAUSES ACT 1847 – APPEAL AGAINST THE ISSUE OF PENALTY POINTS ON A HACKNEY CARRIAGE/PRIVATE HIRE VEHICLE DRIVERS LICENCE – MR MOHAMMED MISBAH UDDIN – Resolved – That consideration of this item be deferred to a future meeting.