northlincs.gov.uk

Licensing (Miscellaneous) Sub-Committee – 7 November 2019

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

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 3 October 2019 as a correct record and authorise the chairman to sign (copy enclosed).
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).
5. Local Government (Miscellaneous Provisions) Act 1976 – Review of a Private Hire Operators Licence.
6. Local Government (Miscellaneous Provisions) Act 1976 – Town Police Clauses Act 1847 – Review of a Hackney Carriage & Private Hire Vehicle Drivers Licence.
7. Local Government (Miscellaneous Provisions) Act 1976 – Town Police Clauses Act 1847 – Review of a Hackney Carriage & Private Hire Vehicle Drivers Licence.
8. Local Government (Miscellaneous Provisions) Act 1976 – Review of a Private Hire Vehicle Proprietors Licence.

MINUTES

PRESENT: – Councillor K Vickers in the Chair.

Councillors Clark, Rayner, Swift and P Vickers.

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

1656 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.

1657 MINUTES – Resolved – That the minutes of the meeting held on 3 October 2019, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chairman.

1658 EXCLUSION OF THE PUBLIC – Resolved – That the public be excluded from the meeting for consideration of the following item (Minutes 1659, 1660, 1661 and 1662 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).

1659 LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 – REVIEW OF A PRIVATE HIRE OPERATORS LICENCE – The Director: Operations submitted a report advising members of a review for a Private Hire Operators 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 operator regarding future conduct.

 To add additional conditions to the Private Hire Operators Licence.

 To issue warning points to the operator.

 To suspend the Private Hire Operators Licence for a set period of time.

 To revoke the Private Hire Operators 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 and called witnesses for the review being considered by the sub-committee.

The licence holders attended the hearing and was accompanied by their legal representative, who both made submissions and responded to questions.

Resolved – That after hearing the representations made by the licence holder, legal representative, witnesses and the Licensing Authority at the hearing on 7 November 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 the investigation as part of their deliberations.

The Licensing (Miscellaneous) Sub-Committee had considered all of the representations and paragraphs 4.35 and 4.49 of the adopted Guidance on determining the suitability of applications and licensees in the private hire trade issued by the Institute of Licensing. The sub-committee had agreed to deviate from its licensing policy and adopted guidance and therefore allowed the licence holders Private Hire Operators Licence to continue as they considered the licence holder to be a fit and proper person under s55 of the Local Government (Miscellaneous Provisions) Act 1976.

However, the sub-committee agreed to endorse the licence holders Private Hire Operators Licence with a total of twelve warning points in accordance with list 15 and 100 of the Council’s Hackney Carriage and Private Hire Warning Point Scheme. The sub-committee recognised that this was the first time that the licence holder had been investigated for breaches of the licence conditions, the Council’s Taxi Licensing Policy and Byelaws. Therefore, eight of the points endorsed under list 15 would remain on the licence holder’s licence for a period of forty eight months from the date of the decision, and four of the points endorsed under list 100 would remain on the licence holder’s licence for a period of thirty months.

This deviation was a result of the sub-committee being satisfied that the licence holder showed true remorse for their recent actions and explained the mitigating measures they had put in place to prevent these actions from happening in the future. In addition, the sub-committee felt that the licence holder had been honest and open with regards to the allegations made against them by admitting to the allegations when interviewed by Licensing Authority Officers, and when questioned by members at the hearing the licence holder provided sufficient responses in a manner that was perceived as being open and honest.

The sub-committee reminded the licence holder that the standing of a fit and proper person applied to their conduct at all times. The sub-committee considered the allegations made against the licence holder to be of a very serious nature and the sub-committee considered the safety of the public, in particular the welfare and safeguarding of vulnerable adults and children, to be its paramount consideration when determining any review of Private Hire Operators Licence. The sub-committee expected a standard of behaviour which provided a positive image of the taxi trade in North Lincolnshire and expected all licence holders to adhere to the conditions attached to their licence, the Taxi Licensing Policy and the Byelaws at all times.

1660 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 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 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 person regarding future conduct.

 To add additional conditions to the licence or add conditions of obtaining a licence.

 To issue warning points 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 and called witnesses for the review being considered by the sub-committee.

The licence holders attended the hearing and was accompanied by their legal representative, who both made submissions and responded to questions.

Resolved – That after hearing the representations made by the licence holder, legal representative, witnesses and the Licensing Authority at the hearing on the 7 November 2019. The sub-committee had agreed to take no further action and that the licence holders Hackney Carriage and Private Hire Vehicle Drivers Licence is to continue as they considered the licence holder to be a fit and proper person under s51 of the Local Government (Miscellaneous Provisions) Act 1976.

1661 LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 – TOWN POLICE CLAUSES ACT 1847 – REVIEW OF A HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLE DRIVERS LICENCE – The Director: Governance and Partnerships informed the sub-committee that the Licensing Authority had withdrawn this review.

Resolved – That the withdrawal be noted.

1662 LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 – REVIEW OF A PRIVATE HIRE VEHICLE PROPRIETORS LICENCE – The Director: Governance and Partnerships informed the sub-committee that the Licensing Authority had withdrawn this review.

Resolved – That the withdrawal be noted.