northlincs.gov.uk

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 9 July 2015, and the special meeting held on 20 August 2015 as a correct record and authorise the chairman to sign.

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

5.  Any other items that the chairman decides are urgent by reason of special circumstances that must be specified.

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 2 and 7 of Part 1 of Schedule 12A of the Local Government Act 1972 (as amended).

6.  Local Government (Miscellaneous Provisions) Act 1976 – Town Police Clauses Act 1847 – Grant of a Hackney Carriage/Private Hire Vehicle Drivers Licence.  EXEMPT

MINUTES

PRESENT: –  Councillor K Vickers in the chair

Councillors P Vickers (Vice-Chairman), Allcock, Armitage and Grant.

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

1273   DECLARATIONS OF DISCLOSABLE PECUNIARY INTERESTS, PERSONAL OR PERSONAL AND PREJUDICIAL INTERESTS AND SIGNIFICANT CONTACT WITH APPLICANTS, OBJECTORS OR THIRD PARTIES (LOBBYING) – The following members declared personal interests

1274   MINUTES – Resolved – That the minutes of the meeting held on 9 July 2015, and the special meeting held on 20 August 2015, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chairman.

1275   (21)    LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 – APPLICATION FOR THE REVIEW OF A HACKNEY CARRIAGE / PRIVATE HIRE VEHICLE DRIVERS LICENCE – MR MUHAMMAD SHAH ALI – The Director of Places submitted a report advising members of an application for the review of a Hackney Carriage and 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.

Mr Ali attended the meeting along with his representative Mr Fleming and a friend, who made submissions and gave an account of the events that had led to his appearance before this sub-committee, and answered questions relating to the recorded incident.

Members also heard from the Licensing Authority’s witness, PC Ellerton.

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

Resolved – That Mr Ali’s hackney carriage and private hire vehicle drivers licence be endorsed with three penalty points, as the sub-committee considers that he did obstruct an authorised officer in the course of his duties.  The sub-committee was aware that this meant Mr Ali now had a total of 13 points on his licence.  However, the sub-committee considered that, on this occasion, he was able to retain his licence. The sub-committee also took the opportunity to remind Mr Ali to comply with the relevant legal requirements and requirements of the Licensing Authority.

1276   EXCLUSION OF THE PUBLIC – Resolved – That the public be excluded from the meeting for consideration of the following item (Minute 1277 refers) on the grounds that it involves the likely disclosure of exempt information as defined in Paragraphs 2 and 7 of Part 1 of Schedule 12A of the Local Government Act 1972 (as amended).

1277   LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 – APPLICATION FOR A HACKNEY CARRIAGE / PRIVATE HIRE VEHICLE DRIVERS LICENCE – The Director of Places submitted a report advising members of an application for the grant of a Hackney Carriage and Private Hire Vehicle 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 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.

The applicant, his solicitor and Councillor Kataria, who attended the meeting for consideration of the item, made submissions and answered questions.

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

Resolved – That the application for a taxi licence be refused as based on all the information before the sub-committee today, and after listening to the representations, the sub-committee do not consider that you are a fit and proper person under Sections 51 and 59 of the Local Government (Miscellaneous) Provisions Act 1976.  The safety of the public is the sub-committees paramount consideration.