Licensing (Miscellaneous) Sub-Committee – 3 October 2019

Chairman:  Councillor K Vickers
Venue:  Church Square House, 30-40 High Street, Scunthorpe
Time: 10.00 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 meetings held on 5 September 2019 as a correct record and authorise the chairman to sign.
  4. 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 1 and 2 of Part 1 of Schedule 12A of the Local Government Act 1972 (as amended).

  1. Local Government (Miscellaneous Provisions) Act 1976 – Town Police Clauses Act 1847 – Application for a Hackney Carriage Vehicle Proprietor’s Licence.
  2. 6. Local Government (Miscellaneous) Provisions Act 1976 – Review of a Private Hire Vehicle Drivers Licence.

MINUTES

PRESENT: –  Councillor P Clark in the Chair.

Councillors Ellerby, Mitchell, Rayner and Wells.

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

1651    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.

1652   MINUTES – Resolved – That the minutes of the meeting held on 5 September 2019, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chairman.

1653   EXCLUSION OF THE PUBLIC – Resolved – That the public be excluded from the meeting for consideration of the following item (Minutes 1654 and 1655 refer) on the grounds that it involves the likely disclosure of exempt information as defined in Paragraphs 1 and 6 of Part 1 of Schedule 12A of the Local Government Act 1972 (as amended).

1654   Local Government (Miscellaneous Provisions) Act 1976 – Town Police Clauses Act 1847 – APPLICATION FOR A HACKNEY CARRIAGE VEHICLE PROPRIETORS LICENCE – the Director: Operations submitted a report advising members of an application for a 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 refuse a licence.

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

  • To grant the transfer of the Hackney Carriage Vehicle Licence.
  • To refuse the transfer.

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, who was accompanied by his wife. The licence holder made submissions and responded to questions.

Resolved – The Licensing (Miscellaneous) Sub-Committee informed the licence holder that the safety of the public is 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 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 holder at the hearing on the 3 October 2019, including the licence holder’s responses to their questions.

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 sub-committee had unanimously agreed to refuse the application for a Hackney Carriage Proprietors Licence as the sub-committee did not consider the licence holder to be a fit and proper person in accordance with section 51 of the Local Government (Miscellaneous Provisions) Act 1976.

The sub-committee are of the opinion that the licence holder failed to demonstrate that they had understood the importance of ensuring vehicles were maintained at all times to the acceptable standard as set out in the Council’s Taxi Licensing Policy and were safe. In addition, the sub-committee also gave particular consideration to the fact the licence holder submitted a new application only eleven days after the previous Hackney Carriage and Private Hire Vehicles Proprietors Licence had been revoked.

Members of the sub-committee were of the view that very little time had passed since the revocation of the previous proprietors licence and that the licence holder failed to provide any evidence which demonstrated what measures would be put in place to prevent the vehicles from being in a condition that was not acceptable and unsafe for the public.

In addition, the sub-committee were also of the view that they would have expected to see a minimum period of 12 months from the date at which the previous licence was revoked and a new application.

1655   Local Government (Miscellaneous) Provisions Act 1976 – Review of a Private Hire Vehicle DRIVERS LICENCE – The Director: Operations submitted a report advising members of a review of a Private Hire Vehicle Drivers Licence to be determined by the sub-committee.

The report contained background information on the process for determining such requests, 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 such information were:

  • To take no action.
  • To issue conditions to the licence.
  • To suspend the licence.
  • To revoke 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 Licensing Authority presented the reason for the review being considered by the sub-committee.

The licence holder attended the hearing and was accompanied by his employer, who made submissions and responded to questions.

Resolved – The Licensing (Miscellaneous) Sub-Committee had carefully considered all the representations presented to them at the hearing on 3 October 2019, including the information provided by the licence holder prior to the hearing. The councillors also listened carefully to the representation made by the Licensing Authority and the licence holder at the hearing on 3 October 2019, including the licence holder’s responses to their questions.

The sub-committee gave great consideration and particular weight to the information provided by the medical practitioner, which stated that the licence holder were fit to act as a driver of a Private Hire Vehicle together with the information provided  by the licence holder explaining how their medical condition was controlled.

In addition to this, the members had confidence that the licence holder had understood the importance of ensuring any information relating to traffic offences as well as any changes to their medical condition should be disclosed to the Licensing Authority immediately.

Therefore, the sub-committee had agreed to allow the Private Hire Vehicle Drivers Licence to continue as they considered the licence holder to be a fit and proper person under section 55 of the Local Government (Miscellaneous Provisions) Act 1976. However, the sub-committee did agree to impose a condition on the licence that the licence holder was to take a medical test yearly and submit the results of the test to the Licensing Authority without delay. The sub-committee also reminded the licence holder that it was important to declare any convictions or relevant changes to their circumstances to the Licensing Authority at the time they happened.