Licensing (Miscellaneous) Sub-Committee – 1 November 2018

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 4 October 2018 as a correct record and authorise the chairman to sign
4. Local Government (Miscellaneous Provisions) Act 1976 – Application for a Private Hire and Hackney Carriage Vehicle Drivers Licence – Mr M Zaman.
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 – Renewal of a Hackney Carriage and Private Hire Vehicle Drivers Licence.

MINUTES

PRESENT: –  Councillor K Vickers in the Chair.

Councillors Clark (Vice-Chairman), Armitage, Ellerby and C Sherwood.

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

1547   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 Minute(s) Nature of Interest
Councillor Armitage 1552

1550 and 1552

Knew licence holder

Personal licence holder

Councillor Clark 1552 Knew licence holder
Councillor Ellerby 1552 Knew licence holder
Councillor K Vickers 1552 Knew licence holder
Councillor C Sherwood 1552 Knew licence holder

No lobbying was declared.

1548   MINUTES – Resolved – That the minutes of the meeting held on 4 October 2018, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chairman.

1549   (20)    Local Government (Miscellaneous Provisions) Act 1976 – Application for a Private Hire and Hackney Carriage Vehicle Drivers Licence – Mr M Zaman – The Director: Operations submitted a report advising members of an application for the grant of a Private Hire and Hackney Carriage 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 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 she 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 applicant attended the meeting, who made submissions and responded to questions.

Resolved – The Licensing (Miscellaneous) Sub-Committee had considered all the representations presented at the hearing and in accordance with table 8 of the Licensing Policy, the Sub-Committee agreed to grant Mr Zaman a Hackney Carriage Driver Licence and a Private Hire Vehicles Driver Licence for a period of 3 years as the applicant had been six years free from conviction. Consequently, the sub-committee considered Mr Zaman to be a fit and proper person under section 51 of the Local Government (Miscellaneous) Provisions Act 1976.

1550   EXCLUSION OF THE PUBLIC – Resolved – That the public be excluded from the meeting for consideration of the following items (minute 1552 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).

1551   (21)    LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976TOWN POLICE CLAUSES ACT 1847 – APPLICATION TO RENEW A HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLE DRIVERS LICENCE – The Director: Operations submitted a report advising members of an application for the renewal of a Private Hire and Hackney Carriage 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 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 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 applicant attended the meeting with a friend, who made submissions and responded to questions.

Resolved – The Licensing (Miscellaneous) Sub-Committee had considered all the representations presented at the hearing and were reassured to hear that the applicant had not committed any new offences within the last 12 months. Therefore, the Sub-Committee agreed to renew both the applicants Private Hire Vehicles Driers Licence and Hackney Carriage Drivers’ Licences for a period of 3 years as they considered him to be a fit and proper person under section 51 of the Local Government (Miscellaneous) Provisions Act 1976.

In addition, the Sub-Committee agreed that after the 3 year period, the applicant can apply for the renewal of his Private Hire Vehicles Driver’s Licence and Hackney Driver’s Licence in accordance with the Licensing Policy.