Licensing (Miscellaneous) Sub-Committee – 5 March 2020
Chairman: Councillor K Vickers
Venue: Church Square House, 30-40 High Street, Scunthorpe
Time: 10.00 am
E-mail Address: firstname.lastname@example.org
- Declarations of Disclosable Pecuniary Interests and Personal or Personal and Prejudicial Interests, and significant contact with Applicants, Objectors or Third Parties (Lobbying), if any.
- To take the minutes of the meetings held on 6 February 2020 as a correct record and authorise the chairman to sign (copy enclosed).
- 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).
- Local Government (Miscellaneous Provisions) Act 1976 – Town Police Clauses Act 1847 – Review of a Hackney Carriage and Private Hire Vehicle Drivers Licence.
PRESENT: – Councillor K Vickers in the Chair.
Councillors Armitage, Clark, Rayner and P Vickers.
The sub-committee met at Church Square House, Scunthorpe.
1687 DECLARATIONS OF DISCLOSABLE PECUNIARY INTERESTS, PERSONAL OR PERSONAL AND PREJUDICIAL INTERESTS AND SIGNIFICANT CONTACT WITH APPLICANTS, OBJECTORS OR THIRD PARTIES (LOBBYING) –
Member: – Councillor Armitage
Nature of Interest: – Personal licence holder
No lobbying was declared.
1688 MINUTES – Resolved – That the minutes of the meeting held on 6 February 2020, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chairman.
1689 EXCLUSION OF THE PUBLIC – Resolved – That the public be excluded from the meeting for consideration of the following item (Minute 1690 refer) on the grounds that it involved 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).
1690 LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 – TOWN POLICE CLAUSES ACT 1847 – REVIEW OF A HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLE DRIVERS LICENCE – The Director: Operations submitted a report advising members of a review for a Hackney Carriage and 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 warn the licence holder regarding their future conduct.
- To add additional conditions to the licence or add conditions of obtaining a licence.
- To suspend the licence for a set period of time.
- 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 they were 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 requests 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 who made submissions and responded to questions.
Resolved – That the Licensing (Miscellaneous) Sub-Committee carefully considered all the representations submitted at the hearing and had given particular weight to the fact that as a result of these offences, the licence holder had in total 12 warning points on their Hackney Carriage and Private Hire Vehicle Drivers Licence. Therefore, the sub-committee had agreed to take no further action and allowed the licence holder’s Hackney Carriage and Private Hire Vehicle Drivers Licence to continue, as they considered the licence holder to be a fit and proper person under section 51 the Local Government (Miscellaneous Provisions) Act 1976. The 12 warning points would remain on the licence holder’s Hackney Carriage and Private Hire Vehicle Drivers Licence until they expire.
The Licensing (Miscellaneous) Sub-Committee informed the licence holder that traffic offences were considered seriously by the members of the sub-committee and that the safety of the public was the sub-committees paramount consideration. The sub-committee expected a standard of behaviour which provided a positive image of the Hackney Carriage and Private Hire trade in North Lincolnshire and anticipated that the licence holder adhere to this as well as the Councils Taxi Licensing Policy and relevant Byelaws.