northlincs.gov.uk

Licensing (Miscellaneous) Sub-Committee – 9 October 2014

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 meeting held on 17 July 2014 as a correct record and authorise the chair to sign (copy enclosed)

4.  Local Government (Miscellaneous Provisions) Act 1976 Town Police Clauses Act 1847 –Review of a Hackney Carriage/Private Hire Vehicle Drivers Licence – Mr Mohammed Safar Uddin.

5.  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 Allcock, Armitage, Clark and Swift.

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

1188 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 –

1189 MINUTES – Resolved – That the minutes of the meeting held on 17 July 2014, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chairman subject to minute 1173 being amended in the last sentence to read ‘knew applicant as patron of public house’.

1190 (11) LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 – TOWN POLICE CLAUSES ACT 1847 – APPLICATION TO REVIEW A HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLE DRIVERS LICENCE – MR MOHAMMED SAFAR UDDIN.

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 take no action.

To warn the person regarding future conduct.

To add additional conditions to the licence (Private Hire only) 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.

Mr Uddin attended the meeting and was accompanied by Mr Miah.  Mr Uddin 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 incident.

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

Resolved – (a) That having listened to the case and all evidence presented, the Licensing (Miscellaneous) Sub-Committee regarded a conviction of assault to be a very serious matter; (b) that the protection of the public must be of paramount consideration; (c) that the licence be revoked, and (d) that in the interests of public safety the revocation be implemented with immediate effect, in accordance with Section 61(2B) of the Local Government (Miscellaneous Provisions) Act 1976.