Democracy | Licensing (Miscellaneous) Sub-Committee

Licensing (Miscellaneous) Sub-Committee – 21 April 2016

Chairman: Councillor K Vickers
Venue: Function Room 1, 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 18 February 2016 as a correct record and authorise the chairman to sign.

4. 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 J Fleming

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

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

7. Local Government (Miscellaneous Provisions) Act 1976 – Town Police Clauses Act 1847 – Application for the grant of a Hackney Carriage / Private Hire Vehicle Drivers Licence – Mr M Miah

8. Local Government (Miscellaneous Provisions) Act 1976 – Town Police Clauses Act 1847 – Application for the grant of a Hackney Carriage / Private Hire Vehicle Drivers Licence – Mr A Karacan

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

MINUTES

PRESENT: – Councillor K Vickers in the chair

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

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

1325 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 –

Member	Minute	Nature of Interest
Councillor Armitage	1327	Personal licence holder
Councillor Grant	1327	Knows friend accompanying appellant

1326 MINUTES – Resolved – That the minutes of the meeting held on 18 February 2016, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chairman.

1327 (40) 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 J FLEMING – The Director of Places submitted a report advising members of an appeal against the imposition of penalty points on a Hackney Carriage / Private Hire Vehicle Drivers Licence to be determined by the sub-committee.

The report contained background information on the process for determining such appeals, the information to be taken into account and the circumstances in which the sub-committee could uphold or dismiss the appeal.

The options available to the sub-committee when considering the appeal were:

To uphold the appeal.
To dismiss the appeal.

The procedure for dealing with such appeals at meetings of the sub-committee had previously been circulated to members.

Mr Fleming attended the meeting with a witness, who made submissions and gave an account of the events that had led to the imposition of penalty points and why, in this instance, the penalty points should be removed from the licence.

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

Resolved – That the appeal against the endorsement of eight penalty points on Mr Fleming’s Hackney Carriage and Private Hire drivers licence be dismissed.

1328 (41) LOCAL GOVERNMENT (MISCELLANEOUS) PROVISIONS ACT 1976 – TOWN POLICE CLAUSES ACT 1847 – REVIEW OF A HACKNEY CARRIAGE / PRIVATE HIRE VEHICLE DRIVERS LICENCE – MR M AHMED – 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 Ahmed attended the meeting with a friend, 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.

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

Resolved – That having considered all the evidence presented at the meeting, and after hearing your submission, the Licensing (Miscellaneous) Sub-Committee had agreed that your licence be allowed to continue. However, your Hackney Carriage and Private Hire Vehicle Drivers Licence be endorsed with eight penalty points for a period of five years as the sub-committee consider that Mr Ahmed was a fit and proper person under the Local Government (Miscellaneous) Provisions Act 1976.

The sub-committee does, however, issue Mr Ahmed with a strongly worded warning with regard to his future conduct as the use of a mobile phone whilst driving was a serious offence. The safety of the public was the sub-committee’s paramount priority.

1329 (42) LOCAL GOVERNMENT (MISCELLANEOUS) PROVISIONS ACT 1976 – TOWN POLICE CLAUSES ACT 1847 – REVIEW OF A HACKNEY CARRIAGE / PRIVATE HIRE VEHICLE DRIVERS LICENCE – MR M 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.

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 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 had informed the Director that he was unable to attend the sub-committee meeting and requested consideration of the item be deferred.

Resolved – That consideration of this agenda item be deferred to a future meeting to allow the licence holder to attend.

1330 (43) LOCAL GOVERNMENT (MISCELLANEOUS) PROVISIONS ACT 1976 – TOWN POLICE CLAUSES ACT 1847 – APPLICATION FOR A HACKNEY CARRIAGE / PRIVATE HIRE VEHICLE DRIVERS LICENCE – MR M MIAH – The Director of Places submitted a report advising members of an application for the grant of a Hackney Carriage and Private Hire Drivers Licence to be determined by the sub-committee.

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 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 Miah attended the meeting with a friend, and was represented by Mr J Fleming. Mr Fleming informed the meeting that Mr Miah wished to circulate to members additional documentation to support the application.

Resolved – That as a result of the late submission of the applicant’s supporting documentation, this agenda item be deferred to a future meeting date to allow all parties the opportunity to study the additional papers.

1331 (44) LOCAL GOVERNMENT (MISCELLANEOUS) PROVISIONS ACT 1976 – TOWN POLICE CLAUSES ACT 1847 – APPLICATION FOR A HACKNEY CARRIAGE / PRIVATE HIRE VEHICLE DRIVERS LICENCE – MR A KARACAN – The Director of Places submitted a report advising members of an application for the grant of a Hackney Carriage and Private Hire Drivers Licence to be determined by the sub-committee.

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 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 Karacan attended the meeting with a friend, 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.

Resolved – That the licence be granted.