Licensing (Miscellaneous) Sub-Committee 7 September 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 27 July 2017 and 3 August 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.           Local Government (Miscellaneous Provisions) Act 1976 – Town Police Clauses Act 1847 – Renewal of a Hackney Carriage / Private Hire Vehicle Drivers Licence – Mr M Miah
6.           Local Government (Miscellaneous Provisions) Act 1976 – Town Police Clauses Act 1847 – Renewal of a Hackney Carriage / Private Hire Vehicle Drivers Licence – Miss S Bi
7.           Any other items which 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.

1452   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.

1453   MINUTES – Resolved – That the minutes of the meeting held on 27 July and 3 August 2017, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chairman.

1454   (13)    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 – 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.

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

1455   (14)    LOCAL GOVERNMENT (MISCELLANEOUS) PROVISIONS ACT 1976 – TOWN POLICE CLAUSES ACT 1847 – APPLICATION FOR THE RENEWAL OF A HACKNEY CARRIAGE / PRIVATE HIRE VEHICLE DRIVERS LICENCE – Mr M Miah – 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 licence holder attended the hearing and was represented by his legal representative.  They made submissions and responded in detail to the renewal application.  Mr Miah’s legal representative called one witness in support of the application.

Following the submissions of the Licensing Authority and the licence holder, 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, the sub-committee agreed that Mr Miah’s Hackney Carriage and Private Hire Vehicle Drivers Licence be renewed for a period of three years, as the sub-committee considered Mr Miah to be a fit and proper person under Section 51 of Local Government (Miscellaneous) Provisions Act 1976.

1456   (15)    LOCAL GOVERNMENT (MISCELLANEOUS) PROVISIONS ACT 1976 – TOWN POLICE CLAUSES ACT 1847 – APPLICATION FOR THE RENEWAL OF A HACKNEY CARRIAGE / PRIVATE HIRE VEHICLE DRIVERS LICENCE – Miss S Bi – 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 licence holder attended the hearing and was represented by her legal representative.  They made submissions and responded in detail to the renewal application.

Following the submissions of the Licensing Authority and the licence holder, 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 at the hearing, the sub-committee agreed to renew Miss Bi’s Hackney Carriage and Private Hire Vehicle Drives Licence for one year.

However, the sub-committee was seriously concerned with the offence and Miss Bi was reminded that the safety of the public was a paramount consideration. Consequently, the sub-committee had agreed to attach 12 penalty points to the licence holders Hackney Carriage and Private Hire Vehicle Drivers Licence in accordance with List 50 of the council’s Penalty Points policy.  The penalty points would remain on Miss Bi’s licence for a period of five years.

Should there be no further offences over the one year licence period, Miss Bi may apply for a licence renewal for a 3 year period.