Meeting documents

Licensing (Miscellaneous) Sub-Committee
Thursday 7th June 2018

Chairman: Councillor K Vickers
Venue: Function Room 1, Civic Centre, Ashby Road, Scunthorpe
Time: 10 am
E-mail Address: sophie.whipps@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 meeting held on 19 April 2018 as a correct record and authorise the chairman to sign.

4. Local Government (Miscellaneous Provisions) Act 1976 - Application for a Private Hire Vehicle Drivers Licence (schools contract only) - Mr Peter Shaun Hardisty.

5. Local Government (Miscellaneous Provisions) Act 1976 - Application for a Private Hire Vehicle Drivers Licence - Mr Robert John Bett.

6. 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 and 2 of Part 1 of Schedule 12A of the Local Government Act 1972 (as amended).

7. Local Government (Miscellaneous Provisions) Act 1976 - Review of a Private Hire Vehicle Drivers Licence – EXEMPT REPORT

MINUTES

PRESENT: – Councillor K Vickers in the Chair.

Councillors P Vickers, Armitage, Ellerby and C Sherwood.

The sub-committee met at the Civic Centre, Scunthorpe.

1503 DECLARATIONS OF DISCLOSABLE PECUNIARY INTERESTS, PERSONAL OR PERSONAL AND PREJUDICIAL INTERESTS AND SIGNIFICANT CONTACT WITH APPLICANTS, OBJECTORS OR THIRD PARTIES (LOBBYING) - The following members declared a personal interest -

MemberNature of Interest
Councillor ArmitagePersonal licence holder

No lobbying was declared.

1504 MINUTES – Resolved – That the minutes of the meeting held on 19 April 2018, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chairman.

1505 (1) LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 - APPLICATION FOR A PRIVATE HIRE VEHICLE DRIVERS LICENCE (SCHOOLS CONTRACT ONLY) - Mr P S Hardisty - The Director: Operations submitted a report advising members of an application for the grant 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 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 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 application or impose additional terms, conditions or restrictions then the applicant 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 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 requested a deferral of this item due to further information received which required further investigation.

Resolved - That consideration of this agenda item be deferred to a future meeting due to further information received which required further investigation.

1506 (2) LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 - APPLICATION FOR A PRIVATE HIRE VEHICLE DRIVERS LICENCE - Mr R J Bett - The Director: Operations submitted a report advising members of an application for the grant 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 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 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 application or impose additional terms, conditions or restrictions then the applicant 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 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 applicant attended the meeting, who made submissions and responded to questions.

Following the submissions of the Licensing Authority and the applicant, the sub-committee then adjourned for deliberation. When it reconvened the sub-committee agreed -

Resolved - That after careful consideration of all the information presented before it at the hearing, the sub-committee gave particular weight to the medical report, which stated that the applicant was fit to act as a driver of a hackney carriage or private hire vehicle. The sub-committee therefore granted the licence application, in accordance with the Local Government (Miscellaneous Provisions) Act 1976, but did impose a condition that the applicant was to obtain a completed Medical Certificate yearly and submit this to the Licensing Department in a timely manner, as the safety of the public was the sub-committees paramount consideration.

1507 EXCLUSION OF THE PUBLIC – Resolved – That the public be excluded from the meeting for consideration of the following items (minute 1508 refers) 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).

1508 (3) 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 person regarding future conduct.
  • To add additional conditions to the licence or add conditions of obtaining a 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 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 and made submissions and responded to questions.

Following the submissions of the Licensing Authority and the licence holder, the sub-committee then adjourned for deliberation. When it reconvened the sub-committee agreed -

Resolved - That after careful consideration of all the information presented before it at the hearing, the sub-committee agreed to attach a condition to the licence holders private hire vehicle drivers licence, in that the licence holder was to attend the next scheduled Safeguarding and Awareness Training upon notification from the Licensing Authority.

The sub-committee were seriously concerned with the allegations being made and had agreed to endorse 8 warning points in accordance with List No 97 of the Licensing Policy for Hackney Carriage and Private Hire. The safety of the public was the sub-committees paramount consideration, therefore the licence holder was made aware of Appendix H of the Policy which related to the Code of Conduct for drivers. The sub-committee expected a standard of behaviour that provided a positive image of the hackney carriage and private hire trade in North Lincolnshire and anticipated that the licence holder would adhere to this.