Licensing (Miscellaneous) Sub-Committee – 6 February 2020
Chairman: Councillor K Vickers
Venue: Church Square House, 30-40 High Street, Scunthorpe
Time: 10.00 am
E-mail Address: sophie.smith@northlincs.gov.uk
AGENDA
- Substitutions.
- 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 7 November 2019 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.
- Local Government (Miscellaneous Provisions) Act 1976 – Application to Renew a Private Hire Vehicle Drivers Licence.
- Local Government (Miscellaneous Provisions) Act 1976 – Review of a Private Hire Vehicle Drivers Licence.
MINUTES
PRESENT: – Councillor K Vickers in the Chair.
Councillors Armitage, Clark, Rayner and P Vickers.
The sub-committee met at Church Square House, Scunthorpe.
1681 DECLARATIONS OF DISCLOSABLE PECUNIARY INTERESTS, PERSONAL OR PERSONAL AND PREJUDICIAL INTERESTS AND SIGNIFICANT CONTACT WITH APPLICANTS, OBJECTORS OR THIRD PARTIES (LOBBYING) –
Member – Councollor Armitage
Nature of Interest – Personal Licence Holder
No lobbying was declared.
1682 MINUTES – Resolved – That the minutes of the meeting held on 7 November 2019, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chairman.
1683 EXCLUSION OF THE PUBLIC – Resolved – That the public be excluded from the meeting for consideration of the following item (Minutes 1684, 1685 and 1686 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).
1684 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 Director: Governance and Partnerships notified the members that the licence holder had informed the Licensing Authority that they were unable to attend the hearing on this particular date.
Resolved – That as the licence holder was unable to attend the hearing, the sub-committee agreed to defer consideration of this review to allow another opportunity for the licence holder to attend.
1685 LOCAL GOVERNMENT (MISCELLANEOUS) PROVISIONS ACT 1976 – APPLICATION TO RENEW A PRIVATE HIRE VEHICLE DRIVERS LICENCE – The Director: Operations submitted a report advising members of an application to renew a 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 such applications 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 applicant 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 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 Licensing Authority presented the reason for the application being considered by the sub-committee.
The licence holder attended the hearing who made submissions and responded to questions.
Resolved – That after careful consideration by the Licensing (Miscellaneous) Sub-Committee of all representations submitted by the applicant and the Licensing Authority, including responses to questions, the sub-committee agreed to grant the applicant a Private Hire Vehicle Drivers Licence as applied for, as the sub-committee was satisfied that the applicant was a fit and proper person to hold such a licence under section 51 of the Local Government (Miscellaneous Provisions) Act 1976.
However, the sub-committee showed concern and reminded the applicant that the safety of the public is paramount and expected a standard of conduct which provided a positive image of the Hackney Carriage and Private Hire Trade in North Lincolnshire.
1686 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 warn the licence holder regarding their future conduct.
To add additional conditions to the 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 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 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 after careful consideration by the Licensing (Miscellaneous) Sub-Committee of all representations submitted by the licence holder and the Licensing Authority, including responses to questions, the sub-committee agreed to take no further action and allowed the Private Hire Vehicle Drivers Licence to continue, as they considered the licence holder to be a fit and proper person under section 51 of the Local Government (Miscellaneous Provisions) Act 1976. The licence holder had in total 12 warning points on their Private Hire Vehicle Drivers Licence which would remain on the licence until they expire.
The sub-committee gave great consideration and particular weight to the information provided by the licence holder’s medical practitioners, which stated that the licence holder was fit to act as a driver of a Private Hire Vehicle, together with the information the licence holder provided explaining how the medical condition was controlled. However, the sub-committee reminded the licence holder that it was important to declare any convictions or relevant changes to their medical circumstances to the Licensing Authority immediately.