Democracy | Licensing (Miscellaneous) Sub-Committee

Licensing (Miscellaneous) Sub-Committee – 18 July 2019

Chairman: Councillor K Vickers
Venue: Room FO4e, Church Square House, High Street, 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. 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 paragraphs 6, 7 and 14 of Part 1 of Schedule 12A of the Local Government Act 1972 (as amended).

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

5. Local Government (Miscellaneous Provisions) Act 1976 – Town Police Clauses Act 1847 – Review of a Private Hire Operators Licence – report exempt

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

7. Local Government (Miscellaneous) Provisions Act 1976 – Review of a Private Hire Vehicle Drivers Licence – report exempt

8. Local Government (Miscellaneous Provisions) Act 1976 – Town Police Clauses Act 1847 – Application for a Hackney Carriage and Private Hire Vehicle Drivers Licence – report exempt

9. Local Government (Miscellaneous Provisions) Act 1976 – Application for a Private Hire Vehicle Drivers Licence – report exempt

MINUTES

PRESENT: – Councillor K Vickers in the Chair.

Councillors Clark, Rayner and Swift.

The sub-committee met at Church Square House, Scunthorpe.

1621 DECLARATIONS OF DISCLOSABLE PECUNIARY INTERESTS, PERSONAL OR PERSONAL AND PREJUDICIAL INTERESTS AND SIGNIFICANT CONTACT WITH APPLICANTS, OBJECTORS OR THIRD PARTIES (LOBBYING) – There were no declarations of disclosable pecuniary interests and personal or personal and prejudicial interests.

No lobbying was declared.

1622 EXCLUSION OF THE PUBLIC – Resolved – That the public be excluded from the meeting for consideration of the following item (Minutes 1619 to 1624 refer) on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 6, 7 and 14 of Part 1 of Schedule 12A of the Local Government Act 1972 (as amended).

1623 LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 – TOWN POLICE CLAUSES ACT 1847 – REVIEW OF HACKNEY CARRIAGE VEHICLE & PRIVATE HIRE VEHICLE PROPRIETORS LICENCES – The Director: Operations submitted a report advising members of an application for the review of a Private Hire and Hackney Carriage Vehicle Proprietors 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 licence holder regarding his future conduct.
To add additional conditions to the licence holders Vehicle Licences.
To suspend the licence holders Licences.
To revoke the licence holders Licences.

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, and was accompanied by his Barrister and Solicitor, made submissions and responded to questions.

Resolved – The Licensing (Miscellaneous) Sub-Committee informed the licence holder that the safety of the public was there paramount concern when determining any Hackney Carriage or Private Hire application. In particular, the members of the sub-committee would always ensure that Proprietors of both Hackney Carriage and Private Hire Vehicles maintain their fleet to an acceptable standard as set out in the councils Taxi Licensing Policy at all times.

The sub-committee members were deeply concerned with the number of vehicles held by the licence holder under his proprietors licence that, following inspection by the council’s Fleet Services department, were deemed to not be to the standard required under the council’s Taxi Licensing Policy. As a result of the breaches of the Taxi Licence Policy and conditions attached to his licence identified in the inspection on 8 March 2019, he had been issued with 158 warning points on his licence. The sub-committee considered the licence holders disregard as to the state of his vehicles to be highly unacceptable behaviour of a licence holder who is entrusted by the public to transport them safely and for you to be a trustworthy suitable person.

The Licensing (Miscellaneous) Sub-Committee considered all the information contained within the agenda bundle. The councillors also listened carefully to the representation made by the Licensing Authority and the licence holders Barrister at the hearing on the 18^th July 2019, including his responses to their questions. The sub-committee concluded that they had little confidence that, in the future, he would continue to undertake all actions reasonably required of you to ensure that his vehicles were maintained to the acceptable standards at all times.

In addition, the sub-committee were disappointed that neither the licence holder nor his Barrister made representations that reassured them of the remedies he would implement to prevent this situation occurring again, including how any preventative measures would be cascaded to his drivers. Therefore, the sub-committee members are of the opinion that the licence holder failed to take appropriate actions to reinforce his responsibilities or that his drivers were properly informed to ensure that all vehicles were kept to a reasonable standard and were safe.

The sub-committee gave great consideration and particular weight to paragraph 3.45, 3.47 and 4.51 of the adopted Guidance produced by the Institute of Licensing on determining the suitability of applicants and licensees in the Hackney and Private Hire trade during their deliberations.

Consequently, the Licensing (Miscellaneous) Sub-Committee unanimously agreed to revoke the licence holders Hackney Carriage and Private Hire Vehicles Proprietors Licence as the sub-committee do not consider him to be a fit and proper person in accordance with section 51 of the Local Government (Miscellaneous) Provision Act 1976.

1624 LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 – A REVIEW OF A PRIVATE HIRE OPERATORS LICENCE – The Director: Operations submitted a report advising members of an application for the review of a Private Hire Operators Licence to be determined by the sub-committee.

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

To take no action.
To warn the licence holder regarding his future conduct.
To add additional conditions to the licence holders Vehicle Licences.
To suspend the licence holders Licences.
To revoke the licence holders Licences.

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, and was accompanied by his Barrister and Solicitor, made submissions and responded to questions.

The sub-committee members were deeply concerned with the number of vehicles held by the licence holder under his proprietors licence that, upon inspection by the council’s Fleet Services department, were deemed to not be to the standard required under the council’s Taxi Licensing Policy. As a result of the breaches of the Taxi Licence Policy and conditions attached to his licence identified in the inspection on 8 March 2019, he had been issued with 158 warning points to his licence.

They therefore agreed to allow the licence holders Private Hire Operators Licence to continue as they considered him to be a fit and proper person under section 55 of the Local Government (Miscellaneous) Provisions Act 1976. The 158 Warning points associated with his licence would remain on his licence until they were due to expire.

The Sub-Committee gave great consideration and particular weight to paragraph 4.46 of the adopted Guidance on determining the suitability of applicants and licensees in the Hackney and Private hire trade produced by the institute of Licensing during their deliberations.

The Sub-Committee were satisfied that there was no evidence or information presented before it that demonstrated the licence holder was unable to perform his duties as a Private Hire Operator.

1625 LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 – TOWN POLICE CLAUSES ACT 1847 – RENEWAL OF 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 Hackney Carriage and Private Hire Vehicle Drivers Licence to be determined by the sub-committee.

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

To grant the renewal of the licence as applied for with no additional conditions or restrictions other than those normally applied to such licences.
To grant the renewal of the licence subject to additional conditions or restrictions.
To refuse to renew the licence.
To warn the licence holder regarding his future conduct.

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, and was accompanied by his Barrister and Solicitor, made submissions and responded to questions.

Resolved – The Licensing (Miscellaneous) Sub-Committee informed the licence holder that the safety of the public was there paramount concern when determining any Hackney Carriage or Private Hire application. In particular, the members of the sub-committee would always ensure that drivers of both Hackney Carriage and Private Hire Vehicles maintained their vehicles to an acceptable standard as set out in the councils Taxi Licensing Policy at all times.

The Licensing (Miscellaneous) Sub-Committee considered all the information contained within the agenda bundle. The councillors also listened carefully to the representation made by the Licensing Authority and the licence holders Barrister at the hearing on the 18^th July 2019, including the licence holders responses to their questions. They therefore agreed to allow his Hackney Carriage and Private Hire Vehicles Drivers Licence to continue as the sub-committee considered him to be a fit and proper person in accordance with section 51 of the Local Government (Miscellaneous Provisions) Act 1976.

The Sub-Committee gave great consideration and particular weight to paragraph 4.25 and 4.26 of the adopted Guidance on determining the suitability of applicants and licensees in the Hackney and Private Hire trade produced by the Institute of Licensing during their deliberations. The sub-committee were satisfied that the licence holder could undertake his duties as a Hackney Carriage and Private Hire Vehicle Driver to ensure the safety of passengers. However, they had taken particular note that he had failed to comply with the conditions of your licence, in particular, for failure to declare an accident. The sub-committee reminded the licence holder that the standing of a fit and proper person applies to the licence holders conduct at all times and that he should at all times adhere to the conditions attached to his licence by communicating with the Licensing Authority and disclosing all relevant information to them throughout the duration of his licence.

1626 Local Government (Miscellaneous) Provisions Act 1976 – Review of a Private Hire Vehicle Drivers Licence – The Director: Operations submitted a report advising members of an application for the review of a Private Hire 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 with his solicitor, who made submissions and responded to questions.

Resolved – That after hearing the representations made by the Licensing Authority and the licence holders legal representative at the hearing on the 18^th July 2019, including his response to the questions posed by councillors, the sub-committee unanimously agreed that the licence holders Private Hire Vehicles Driver Licence would continue to be suspended in accordance with section 61(1)(b) of the Local Government (Miscellaneous) Provisions Act 1976. The Private Hire Vehicles Driver Licence shall continue to be suspended until such time he had attended and successfully completed further enhanced safeguarding and Child Sexual Exploitation (CSE) awareness training provided by the Licencing Authority. In addition, the Licensing (Miscellaneous) Sub-committee imposed the condition that the licence holder shall attend and pass the additional enhanced safeguarding and CSE awareness training within 6 months of the date of this decision. If he attended and successfully passed the additional safeguarding and CSE awareness training the Licensing Authority shall issue to you your Private Hire Vehicles Drivers Licence as soon as practically possible. Once in receipt of his licence, it would continue until it was due to expire. The licence holder would then be subject to and must adhere to the conditions of the licence and the council’s Taxi Licensing Policy. However, if he did not attend or fail to pass the enhanced safeguarding and CSE awareness training within the 6 months, his Private Hire Vehicles Drivers Licence shall be revoked.

The members of the sub-committee were deeply concerned that this incident had occurred only 12 days after the licence holder was granted his Private Hire Vehicles Drivers Licence. A further concern to the sub-committee was that, as part of the application process, he had successfully undertaken and passed the mandatory Safeguarding and CSE Awareness training.

After cross examination by the sub-committee, the councillors had little confidence that the licence holder understood the importance of safeguarding children and that he would adhere to the requirements of the council’s Safeguarding and CSE Awareness training due to the incident happening shortly after being granted his licence. Therefore, the sub-committee were not satisfied that he was a fit and proper person in accordance with section 51 of the Local Government (Miscellaneous) Provisions Act 1976 to hold a Private Hire Vehicle Drivers Licence until such further training has been undertaken.

The sub-committee members informed the licence holder that in reaching its decision it gave particular consideration to the recommendations made by the licence holders legal representative. However, they were seriously concerned with the allegations made against the licence holder and the lack of understanding of the requirements of safeguarding the public demonstrated by the licence holder at the hearing. The sub-committee reminded the licence holder that the standing of a fit and proper person applied to his conduct at all times. The sub-committee consider the allegations made against the licence holder to be of a very serious nature and the sub-committee consider the safety of the public, in particularly the welfare and safeguarding of vulnerable children, to be its paramount consideration when determining any application for a Private Hire Vehicles Driver’s License. The sub-committee expect a standard of behaviour which provided a positive image of the private hire trade in North Lincolnshire. Private Hire Vehicle drivers were directly responsible for the safety of the public and the Licensing (Miscellaneous) Sub-Committee expected the licence holder to adhere to the requirements of the council’s Taxi Licensing Policy, including the safeguarding of the public, and the conditions of a Private Hire Vehicles Drivers License at all times.

1627 Local Government (Miscellaneous Provisions) Act 1976 – Town Police Clauses Act 1847 – Application for a Hackney Carriage and Private Hire Vehicle Drivers Licence – The Director: Operations submitted a report advising members of an application for the grant of a Private Hire Vehicle Drivers Licence to be determined by the sub-committee.

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 Magistrates refuse the application or impose additional conditions, 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 family member, who made submissions and responded to questions.

Resolved – That after hearing the representations made by the Licensing Authority and the applicant at the hearing on the 18^th July 2019, the Licensing (Miscellaneous) Sub-Committee considered the nature of the allegations originally made against the applicant, which were subsequently investigated by Humberside Police and referred to Crown Court for determination to be of a very serious nature and the sub-committee gave particular weight to this investigation as part of their deliberations. However, after considering all of the representations presented at the hearing alongside Table 6 within paragraph 7 of appendix A within the council’s Taxi Licensing Policy, and paragraphs 4.11 and 4.12 of the adopted Guidance on determining the suitability of applications and licensees in the hackney and private hire trade issued by the Institute of Licensing, the Licensing (Miscellaneous) Sub-Committee agreed to deviate from its licensing policy and adopted guidance and therefore grant the applicant a Private Hire Vehicle and Hackney Carriage Driver’s Licence for period of twelve months. The Sub-Committee also imposed a condition that the Licensing Authority shall not issue your Hackney Carriage and Private Hire Vehicles Driver Licenses until the applicant had attended and successfully completed additional enhanced safeguarding and Child Sexual Exploitation (CSE) awareness training provided by the Licensing Authority.

This deviation was a result of the applicant being found not guilty of the offences made against him in 2015 together with no other information or records of similar offences since this time.

In addition, the sub-committee felt that the applicant had been honest and open with regards to the allegations made against him in 2015 by disclosing them on his application and when questioned by members at the hearing he provided sufficient responses in a manner that was perceived as being open and honest. Therefore, the sub-committee considered the applicant to be a fit and proper person under section 51 of the Local Government (Miscellaneous) Provision Act 1976, subject to the successful completion of additional enhanced safeguarding and CSE awareness training.

The sub-committee also reminded the applicant that the standing of a fit and proper person applies to the applicants conduct throughout his day to day life. The sub-committee consider the allegations made against him to be of a very serious nature and the sub-committee consider the safety of the public, in particularly the welfare and safeguarding of vulnerable children, to be its paramount consideration when determining any application for a Hackney Carriage and Private Hire Vehicles Driver’s License.

The sub-committee expect a standard of behaviour which provided a positive image of the taxi trade in North Lincolnshire. Hackney Carriage and Private Hire Vehicle drivers are directly responsible for the safety of the public and the Licensing (Miscellaneous) Sub-Committee expect you to adhere to the requirements of the council’s Taxi Licensing Policy, including the safeguarding of the public, and the conditions attached to a Hackney Carriage and Private Hire Vehicles Drivers License at all times”.

1628 Local Government (Miscellaneous) Provisions Act 1976 – APPLICATION FOR A Private Hire Vehicle Drivers Licence – The Director: Operations submitted a report advising members of an application for a Private Hire Vehicle Drivers Licence to be determined by the sub-committee.

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

Resolved – That after hearing the representations made by the Licensing Authority and the applicant at the hearing on the 18^th July 2019, the Licensing (Miscellaneous) Sub-Committee had serious concerns regarding his previous history of convictions giving particular weight to the most recent conviction in June 2018 as part of their deliberations.

It was evident to the sub-committee members by the information that was presented to them that there has been a clear pattern of extensive criminal behaviour, in particular with regards to road traffic offences and dishonesty. The sub-committee considered the safety of the public as its paramount consideration and expect all private hire vehicle drivers to be safe and responsible drivers as they are directly responsible for the safety of their passengers.

In addition, the sub-committee expected a standard of behaviour which provided a positive image of the private hire trade in North Lincolnshire. The sub-committee members had little confidence that the applicant would adhere to the conditions of the license and the council’s Taxi Licensing policy as a responsible and honest driver within the private hire trade as he had been convicted of a further criminal offence in 2018 relating to the selling of goods with a false trade mark and possession of goods with a false mark for sale.

Therefore, in accordance with table 8 within paragraph 7 of Appendix A within the council’s Taxi Licensing Policy and paragraph 4.27, 4.35 and 4.39 of the adopted Guidance on determining the suitability of applicants and licensees in the Hackney and Private hire trade produced by the institute of Licensing, the Licensing (Miscellaneous) Sub-Committee had unanimously agreed to refuse to grant your application for a Private Hire Vehicle Driver’s Licence. The sub-committee do not consider the applicant to be a fit and proper person in accordance with section 51 of the Local Government (Miscellaneous) Provision Act 1976”.