Licensing (Miscellaneous) Sub-Committee – 19 July 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.  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 paragraph 2 and 7 of Part 1 of Schedule 12A of the Local Government Act 1972 (as amended).

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

5.  Local Government (Miscellaneous Provisions) Act 1976 – Town Police Clauses Act 1847 – Review of a Private Hire Operators Licence. EXEMPT REPORT

MINUTES

PRESENT: –  Councillor K Vickers in the chair

Councillors P Vickers (Vice-Chairman), Armitage, Oldfield and Wells.

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

1345   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 Nature of Interest 
Councillor Armitage Personal licence holder
Councillor Oldfield Personal licence holder
Councillor Wells Lead Member for Public Transport

 

No lobbying was declared.

1346   EXCLUSION OF THE PUBLIC – Resolved – That the public be excluded from the meeting for consideration of the following items 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).

1347   (6)      LOCAL GOVERNMENT (MISCELLANEOUS) PROVISIONS ACT 1976 – TOWN POLICE CLAUSES ACT 1847 – REVIEW OF A HACKNEY CARRIAGE / PRIVATE HIRE VEHICLE DRIVERS LICENCE – TD293 – The Chief Executive 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 revoke, suspend or restrict the licence then the licence holder 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.

The driver attended the meeting and was represented by a friend.  The driver and his 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 after careful consideration of the written statements contained in the agenda bundle, and after hearing your representation at the hearing, the sub-committee was minded to issue the driver with a warning as to his future conduct.

1348   (7)      LOCAL GOVERNMENT (MISCELLANEOUS) PROVISIONS ACT 1976 – TOWN POLICE CLAUSES ACT 1847 – REVIEW OF A PRIVATE HIRE OPERATOR LICENCE – PO24624 – The Chief Executive submitted a report advising members of an application for the review of a Private Hire Operator 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 suspend the licence for a set period of time.
  • To revoke the licence.

Should the sub-committee revoke, suspend or restrict the licence then the licence holder 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.

The operator attended the meeting and was accompanied by his wife.  The driver and his wife 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 after careful consideration of the written statements contained in the agenda bundle, and after hearing your representation at the hearing, the sub-committee agreed to endorse the Private Hire Operators Licence with 12 penalty points.  The points would remain on the operator’s licence for a period of five years.