Meeting documents

Licensing (Miscellaneous) Sub-Committee
Thursday 17th January 2019

Chairman: Councillor K Vickers
Venue: Function Room 1, Civic Centre, Ashby Road, 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 meeting held on 1 November and 22 November 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.
5. Local Government (Miscellaneous Provisions) Act 1976 - Review of a Hackney Carriage and Private Hire Vehicle Drivers Licence.
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 - Town Police Clauses Act 1847 - Renewal of a Hackney Carriage and Private Hire Vehicle Drivers Licence.

MINUTES

PRESENT: –
Councillor K Vickers in the Chair.

Councillors Clark (Vice-Chairman), Ellerby, Oldfield and C Sherwood.

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

1564 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 OldfieldPersonal Licence Holder

No lobbying was declared.

1565 MINUTES – Resolved – That the minutes of the meeting held on 1 November and 22 November 2018, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chairman.

1566 (25) Local Government (Miscellaneous Provisions) Act 1976 - Application for a Private Hire Vehicle Drivers Licence - Mr S Allen - 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 she 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 applicant attended the meeting, who made submissions and responded to questions.

Resolved - That the Licensing (Miscellaneous) Sub-Committee had considered the representations made at the hearing and had given particular weight to the communication received from the applicants General Practitioner dated the 9 January 2019 which stated that the applicant was no longer being prescribed gabapentin and that he was fit to hold a Private Hire Vehicles Driver Licence. The Sub-committee therefore agreed to grant the applicant his Private Hire Vehicles Driver's Licence as they considered the applicant to be a fit and proper person under section 51 of the Local Government (Miscellaneous) Provisions Act 1976, but did impose a condition on the licence that the applicant notify the Licensing Authority without delay should he be prescribed any medication in the future.

1567 (26) LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976TOWN POLICE CLAUSES ACT 1847 – APPLICATION TO REVIEW 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 Private Hire and Hackney Carriage 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 revoke the licence.
  • To add additional conditions or restrictions to the licence.
  • To take no action.

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 with the Chair of the Scunthorpe Taxi Association, who made submissions and responded to questions.

Resolved – That the Licensing (Miscellaneous) Sub-Committee had considered the representations made at the hearing and agreed to take no further action in respect of Mr Pool's Hackney Carriage and Private Hire Vehicles Drivers Licence as the Sub-Committee considered the licence holder to be a fit and proper person under section 51 of the Local Government (Miscellaneous) Provisions Act 1976. However the sub-committee had instructed the Director: Operations to contact Mr Pool's medical practice to clarify his weekly alcohol consumption.

1568 EXCLUSION OF THE PUBLIC – Resolved – That the public be excluded from the meeting for consideration of the following items (minute 1569 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).

1569 (27) LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976TOWN POLICE CLAUSES ACT 1847 – APPLICATION TO RENEW 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 Private Hire and Hackney Carriage 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 renew the licence as applied for with no additional conditions or restrictions other than those normally applied to such licences.
  • To renew the licence subject to additional conditions or restrictions.
  • To refuse to renew 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 applications at meetings of the sub-committee had previously been circulated to members.

The licence holder attended the meeting who made submissions and responded to questions.

Resolved - That as a key witness for the Licensing Authority was unable to attend the hearing, the Licensing (Miscellaneous) Sub-Committee agreed to defer consideration of the application to allow another opportunity for the witness to attend.

The Sub-Committee wished for this application to be determined without any undue delay and therefore agreed that a further hearing shall be convened as soon as possible. Should the witness not attend the hearing the Sub-Committee would determine the application with the representations that were presented.

*NB Subsequently a hearing was not required due to the applicant withdrawing the application.