northlincs.gov.uk

Licensing (Miscellaneous) Sub-Committee – 5 October 2017

Chairman:  Councillor K Vickers
Venue:  Function Room 1, Civic Centre, Ashby Road, Scunthorpe
Time:10 am
E-mail Address: matthew.nundy@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 7 September 2017 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 – Mrs A Brown
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 paragraph 1 and 2 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 – Review of a Hackney Carriage and Private Hire Vehicle Drivers Licence. EXEMPT

MINUTES

PRESENT: –  Councillor Armitage, Glover, Hannigan, Oldfield and C Sherwood.

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

1467   CHAIRMAN – Resolved – That Councillor Hannigan be and he is hereby appointed chairman for the meeting.

Councillor Hannigan thereupon took the chair.

1468   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 –

The following member declared a personal and prejudicial interest –

No lobbying was declared.

1469   MINUTES – Resolved – That the minutes of the meeting held on 7 September 2017, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chairman.

1470   (21)    LOCAL GOVERNMENT (MISCELLANEOUS) PROVISIONS ACT 1976 – TOWN POLICE CLAUSES ACT 1847 – APPLICATION FOR THE REVIEW OF A HACKNEY CARRIAGE / PRIVATE HIRE VEHICLE DRIVERS LICENCE – Mrs A Brown – Further to minute 1454, the Director: Operations submitted a report advising members of an application for 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 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 licence holder did not attend the hearing.  As this was the second occasion that the licence holder had not attended the sub-committee, members agreed to proceed with the hearing.

Resolved – That after careful consideration of the information presented before it today, the Sub-Committee agreed to endorse Mrs Browns Hackney Carriage Vehicle Licence and Private Hire Vehicle Licence with 15 penalty points in accordance with List no 6 and 7 of the Council’s penalty points policy.  The penalty points would remain on Mrs Brown’s Hackney Carriage Vehicle Licence and Private Hire Vehicle Licence for a period of 5 years.

In addition the sub-committee consider the offences to be of a very serious nature and felt that this negligent behaviour put the public at significant risk and therefore, the sub-committee agreed to suspend Mrs Brown Hackney Carriage Vehicle Licence and Private Hire Vehicles Licence with immediate effect for a period of 3 months.

1471   EXCLUSION OF THE PUBLIC – Resolved – That the public be excluded from the meeting for consideration of the following items (minute 1472 refers) on the grounds that it involves the likely disclosure of exempt information as defined in Paragraphs 1 and 2 of Part 1 of Schedule 12A of the Local Government Act 1972 (as amended).

(Councillor Armitage having declared a personal and prejudicial interest, left the meeting prior to consideration of the following item – Minute 1472 refers).

1472   (22)    LOCAL GOVERNMENT (MISCELLANEOUS) PROVISIONS ACT 1976 – TOWN POLICE CLAUSES ACT 1847 – APPLICATION FOR THE RENEWAL OF A HACKNEY CARRIAGE / PRIVATE HIRE VEHICLE DRIVERS LICENCE – Further to minute 1432, the Director: Operations submitted a report advising members of an application for renewal 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 renew the licence as applied for with no additional conditions or restrictions other than those normally applied to such licences.
• To renew the licence subject to additional conditions or restrictions.
• To refuse to renew the licence.

Should the sub-committee refuse 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, and was represented by his solicitor, who made submissions and responded in detail to the renewal application.

Following the submissions of the Licensing Authority and the applicant and his solicitor, the sub-committee then adjourned for deliberation.  When it reconvened the sub-committee –

Resolved – That after careful consideration of all the information presented before it today, the sub-committee agreed that the applicants Hackney Carriage and Private Hire Vehicle Drivers Licence be renewed for a period of one year as the sub-committee consider the applicant to be a fit and proper person under section 51 of the Local Government (Miscellaneous) Provisions Act 1976.  After the one year period, the applicant may apply for a renewal of both his Hackney Carriage and Private Hire Vehicles Drivers Licence which would be determined by this Sub-Committee.

In addition the sub-committee considered the failure to declare the motoring offence to be of a very serious nature and had therefore agreed to endorse 12 penalty points to the applicants Hackney Carriage and Private Hire Vehicles Drivers Licence in accordance with list No 73 of the council’s penalty points policy.  The penalty points would remain on the applicants licence for a period of five years.

The Sub-Committee also took the opportunity to remind the applicant that operating as a Hackney Carriage and Private Hire driver, he was acting in a position of trust and the sub-committee expect all its drivers to behave in an exemplary manner.