Licensing (Miscellaneous) Sub-Committee – 13 March 2018

Chairman:  Councillor K Vickers
Venue:  Function Room 1, Civic Centre, Ashby Road, Scunthorpe
Time:  10 am
E-mail Address: sophie.whipps@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 2 November 2017 as a correct record and authorise the chairman to sign.
4.           Local Government (Miscellaneous Provisions) Act 1976 – Town Police Clauses Act 1847 – Renewal of a Private Hire Vehicle Drivers Licence – Mr S Conneely.
5.           Local Government (Miscellaneous Provisions) Act 1976 – Town Police Clauses Act 1847 – Review of a Hackney Carriage / Private Hire Vehicle Drivers Licence – Mr M A Hai.
6.           Local Government (Miscellaneous Provisions) Act 1976 – Town Police Clauses Act 1847 – Review of a Hackney Carriage / Private Hire Vehicle Drivers Licence – Mr M R Sheardown.
7.           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 Oldfield.

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

1485    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 a personal interest –

 

Member

 

Nature of Interest
Councillor Armitage Personal licence holder
Councillor Oldfield Personal licence holder

 No lobbying was declared.

1486   MINUTES – Resolved – That the minutes of the meeting held on 2 November 2017, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chairman.

1487   (28)    LOCAL GOVERNMENT (MISCELLANEOUS) PROVISIONS ACT 1976 – TOWN POLICE CLAUSES ACT 1847 – APPLICATION FOR THE RENEWAL OF A PRIVATE HIRE VEHICLE DRIVERS LICENCE – Mr S Conneely – The Director: Operations submitted a report advising members of an application for renewal of a 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 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 Schedule 1, Table 3 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 refuse to renewShould the sub-committee revoke 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.

    The Licensing Authority presented the reason for the application being considered by the sub-committee.

    The applicant attended the meeting, who made submissions and responded to questions.

    Following the submissions of the Licensing Authority and the applicant, the sub-committee then adjourned for deliberation.

Resolved – That the sub-committee refused to renew Mr Conneely’s licence under section 61 of the Local Government (Miscellaneous Provisions) Act 1976 as the sub-committee was aware Mr Conneely had been convicted of an offence of battery and had also received a driving ban.

The sub-committee had regard to Mr Conneely’s pattern of offending and was particularly concerned that he was operating whilst disqualified from driving. The sub-committee was concerned that not enough time had lapsed from the date of the offences to the date of the renewal application.

The sub-committee had regard to the Licensing Policy and in particular the Guidance for Members and referred to pages 89, Table 4 and 92, Table 7 of the guidance.

1488   (29)    LOCAL GOVERNMENT (MISCELLANOUS PROVISIONS) ACT 1976 – TOWN POLICE CLAUSES ACT 1847 – REVIEW OF A HACKNEY CARRIAGE / PRIVATE HIRE VEHICLE DRIVERS LICENCE – Mr M A Hai – The Director: Operations submitted a report advising members of a review of 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 requests, 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 or add conditions of obtaining a licence.
  • To revoke the licence.Should the sub-committee revoke the application or impose additional terms, conditions or restrictions 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 licence holder 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 Licensing Authority presented the reason for the application being considered by the sub-committee.

    The licence holder attended the hearing and was represented by his legal representative, who made submissions and responded in detail to questions.

    Following the submissions of the Licensing Authority and the licence holder, the sub-committee then adjourned for deliberation.

Resolved – That the sub-committee had listened carefully to all the representations made and was satisfied that the licence holder was a fit and proper person to hold a licence. In making this decision the sub-committee had regard to the Licensing Policy and Guidance to Members. Mr Hai’s suspension was therefore lifted. No further action would be taken against Mr Hai at this time and therefore the licence would be reinstated in accordance with the Local Government (Miscellaneous Provisions) Act 1976.

1489   (30)    LOCAL GOVERNMENT (MISCELLANOUS PROVISIONS) ACT 1976 – TOWN POLICE CLAUSES ACT 1847 – REVIEW OF A HACKNEY CARRIAGE / PRIVATE HIRE VEHICLE DRIVERS LICENCE – Mr M R Sheardown – The Director: Operations submitted a report advising members of a review of 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 requests, 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 add additional conditions to the licence or add conditions of obtaining a licence.
  • To suspend the licence.
  • To revoke the licence. 

Should the sub-committee revoke the application or impose additional terms, conditions or restrictions 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 licence holder 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 Licensing Authority presented the reason for the application being considered by the sub-committee.   

The licence holder attended the meeting, who made submissions and responded to questions.  

Following the submissions of the Licensing Authority and the licence holder, the sub-committee then adjourned for deliberation.  

Resolved – That after careful consideration of all the information presented before it at the hearing, the sub-committee had considered the medical report referred to which stated the licence holder was fit to act as a driver of a hackney carriage and/or private hire vehicle. The sub-committee therefore allowed the licence to continue but imposed a condition that the licence holder obtained a completed medical certificate every three years.