Licensing (Miscellaneous) Sub-Committee – 30 June 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.           Local Government (Miscellaneous Provisions) Act 1976 – Town Police Clauses Act 1847 – Review of a Hackney Carriage / Private Hire Vehicle Drivers Licence – Mr M Ali

4.           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

5.       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, Glover and Oldfield.

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

1338   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

 

No lobbying was declared.

1339   (3)      LOCAL GOVERNMENT (MISCELLANEOUS) PROVISIONS ACT 1976 – TOWN POLICE CLAUSES ACT 1847 – REVIEW OF A HACKNEY CARRIAGE / PRIVATE HIRE VEHICLE DRIVERS LICENCE – MR M ALI – Further to Minute 1329, 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 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.

Mr Ali attended the meeting and was represented by Mr J Fleming.  Mr Fleming and Mr Ali 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 incidents.

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

Resolved – That after consideration of all the information presented before it at the hearing, including the 27 April 2016 offence, the sub-committee agreed that Mr Ali’s Hackney Carriage and Private Hire vehicle drivers licence be suspended with immediate effect, for a period of 30 calendar days.  The sub-committee was not satisfied that Mr Ali was a fit and proper person under Section 51 of the Local Government (Miscellaneous Provisions) Act 1976, as there was a pattern of offending, with those offences being of a serious nature.

1340   (4)      LOCAL GOVERNMENT (MISCELLANEOUS) PROVISIONS ACT 1976 – TOWN POLICE CLAUSES ACT 1847 – APPLICATION FOR A HACKNEY CARRIAGE / PRIVATE HIRE VEHICLE DRIVERS LICENCE – MR M MIAH – Further to Minute 1330, 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 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 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 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 Miah attended the meeting with a friend, and was represented by Mr J Fleming.  Mr Fleming and Mr Miah 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 incidents.

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

Resolved – That the licence be granted for a year.  However, the sub-committee was seriously concerned with the offence and Mr Miah was reminded that the standing of a fit and proper person applies to his conduct throughout his day to day life and not just during the conduct of his duties.  Therefore, he was advised to always declare any offence to the licensing authority and that not to declare was a mitigation offence itself.

 

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