Democracy | Licensing (Miscellaneous) Sub-Committee

Licensing (Miscellaneous) Sub-Committee – 5 September 2019

Chairman: Councillor K Vickers
Venue: Church Square House, 30-40 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 To take the minutes of the meetings held on 20 June, 18 July, 22 July and 1 August 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 paragraph 1 of Part 1 of Schedule 12A of the Local Government Act 1972 (as amended).

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

6 Local Government (Miscellaneous) Provisions Act 1976 – Review of a Private Hire Vehicle Proprietors Licence – exempt report

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

MINUTES

PRESENT: – Councillor K Vickers in the Chair.

Councillors P Vickers (Vice-Chair), Clark, Rayner and Swift.

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

1639 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.

1640 EXCLUSION OF THE PUBLIC – Resolved – That the public be excluded from the meeting for consideration of the following item (Minutes 1641, 1642 and 1643 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).

1641 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 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 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 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 a work place colleague, who made submissions and responded to questions.

Resolved – That after hearing the representations made by the licence holder, his friend and the Licensing Authority at the hearing on the 5 September 2019, the Licensing (Miscellaneous) Sub-Committee considered the nature of the allegations made against the licence holder to be of a very serious nature and 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 C within the council’s Taxi Licensing Policy and paragraphs 4.30 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 Sub-Committee agreed to deviate from its licensing policy and adopted guidance and therefore renew the Private Hire Vehicle and Hackney Carriage Driver’s Licences.

The Sub-Committee did impose a condition that the Licensing Authority shall not issue the Private Hire Vehicles and Hackney Carriage Driver Licenses until the licence holder 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 Sub-Committee being satisfied that the licence holder showed true remorse for his recent actions together with no other information or records of criminal or similar offences during his time as a driver. In addition, the Sub-Committee felt that the licence holder had been honest and open with regards to the allegations made against him by admitting to the allegations when interviewed by Licensing Authority Officers 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 licence holder 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 reminded the licence holder that the standing of a fit and proper person applies to your conduct at all times. The Sub-Committee consider the allegations made against the licence holder to be of a very serious nature and the members 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 were directly responsible for the safety of the public and the Licensing (Miscellaneous) Sub-Committee expect the licence holder 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.

1642 Local Government (Miscellaneous) Provisions Act 1976 – Review of a Private Hire Vehicle Proprietors 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 take no action.
To warn the licence holder regarding their future conduct.
To add additional conditions or restrictions to the licence.
To suspend the Proprietors licence.
To revoke the Proprietors licence.

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.

Resolved – That consideration of the application be deferred to a future meeting.

1643 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 an application for the review 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 take no action.
To add additional conditions to the licence holders Hackney Carriage and Private Hire Vehicle Driver’s Licences other than those normally applied to such licences.
To warn the licence holder regarding his future conduct.
To suspend the licences.
To revoke the licences.

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.

Resolved – That consideration of the application be deferred to a future meeting.