Democracy | Licensing (Miscellaneous) Sub-Committee 28 March 2019

Licensing (Miscellaneous) Sub-Committee 28 March 2019

Chairman: Councillor K Vickers
Venue: Room SO1E, Church Square House, 30-40 High Street, Scunthorpe
Time: 10 am
E-mail Address: matthew.nundy@northlincs.gov.uk

AGENDA

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 – Renewal of a Hackney Carriage and Private Hire Vehicle Drivers Licence.

4. Local Government (Miscellaneous Provisions) Act 1976 – Town Police Clauses Act 1847 – Review of a Hackney Carriage and Private Hire Vehicle Drivers Licence.

5. Local Government (Miscellaneous Provisions) Act 1976 – Town Police Clauses Act 1847 – Review of a Hackney Carriage and Private Hire Vehicle Drivers Licence.

MINUTES

PRESENT: – Councillor K Vickers in the Chair.

Councillors Clark (Vice-Chairman), Ellerby, Oldfield and P Vickers.

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

1595 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 Oldfield	Licence holder

No lobbying was declared.

1596 LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 – TOWN 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 revoke the licence 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 meeting who made submissions and responded to questions.

Resolved – The Licensing (Miscellaneous) Sub-Committee informed the Licence Holder that the offences were considered seriously by the councillors and that the safety of the public was the sub-committees paramount consideration. The sub-committee expect a standard of behaviour which provided a positive image of the hackney carriage and private hire trade in North Lincolnshire. The Sub-committee anticipate that the Licence Holder adheres to this as well as the Council’s Taxi Licensing Policy and relevant Bylaws.

As a result of these offences the Licence Holder had in total 15 warning points on their Hackney Carriage and Private Hire Driver’s Licence, however, after taking into consideration the information presented today, the sub-committee had agreed to renew the licence holders Hackney Carriage and Private Hire Drivers Licences, as they consider the licence holder to be a fit and proper person under section 51 the Local Government (Miscellaneous Provisions) Act 1976. The 15 Warning points shall remain on the licence holder’s hackney carriage and private hire drivers licencses until they expire.

1597 Local Government (Miscellaneous Provisions) Act 1976 – REVIEW OF A HACKNEY CARRIAGE AND Private Hire Vehicle Drivers Licence – The Director: Operations submitted a report advising members of an application for the review of a Private Hire and Hackney Carriage Vehicle Drivers Licence to be determined by the sub-committee.

The options available to the sub-committee when considering the application were:

To revoke the licence.
To add additional conditions or restrictions to the licence.
To take no action.

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 meeting who made submissions and responded to questions.

As a result of these offences the Licence Holder had in total 12 warning points on their Hackney Carriage and Private Hire Driver’s Licence, however, after taking into consideration the information presented today, the sub-committee had agreed to allow the licence holders Hackney Carriage and Private Hire Drivers Licences to continue, as they consider the licence holder to be a fit and proper person under section 51 the Local Government (Miscellaneous Provisions) Act 1976. The 12 Warning points shall remain on the licence holder’s hackney carriage and private hire drivers licencses until they expire.

1598 Local Government (Miscellaneous Provisions) Act 1976 – REVIEW OF A HACKNEY CARRIAGE AND Private Hire Vehicle Drivers Licence – Resolved – That consideration of the application be deferred to a future meeting.