Meeting documents

Licensing (Miscellaneous) Sub-Committee
Thursday 14th February 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 17 January 2019 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 - Application for a Private Hire Vehicle Drivers Licence.
  6. Local Government (Miscellaneous Provisions) Act 1976 - Town Police Clauses Act 1847 - Renewal of a Hackney Carriage and Private Hire Vehicle Drivers Licence.
  7. Any other items that the chairman decides are urgent by reason of special circumstances that must be specified.

MINUTES

PRESENT: – Councillor K Vickers in the Chair.

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

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

1573 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 AliHeld an operators licence and knew applicant

No lobbying was declared.

1574 MINUTES – Resolved – That the minutes of the meeting held on 17 January 2019, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chairman.

1575 (29) Local Government (Miscellaneous Provisions) Act 1976 - Application for a Private Hire Vehicle Drivers Licence - 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 - The Licensing (Miscellaneous) Sub-Committee carefully considered all the representations presented at the hearing and had given particular weight to the applicant's medical report, which stated that he was fit to act as a driver of a private hire vehicle. The sub-committee therefore agreed to grant the licence application in accordance with section 51 of the Local Government (Miscellaneous) Provisions Act 1976 as they did consider the applicant to be a fit and proper person to hold such a licence. However, the sub-committee did agree to impose a condition on the licence that the applicant take a medical test yearly and submit the results of the test to the Licensing Department without delay.

1576 (30) Local Government (Miscellaneous Provisions) Act 1976 - Application for a Private Hire Vehicle Drivers Licence - 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 – The Licensing (Miscellaneous) Sub-Committee had considered all the representations presented at the hearing and in accordance with table 7 of the council's Licensing Policy, the Sub-Committee agreed to grant the applicant a Private Hire Vehicles Driver Licence for a period of three years as the applicant had been 5 years free from conviction. Consequently, the sub-committee considered the applicant to be a fit and proper person under section 51 of the Local Government (Miscellaneous) Provisions Act 1976. However, the sub-committee reminded the applicant that it was important to declare any previous convictions on any subsequent applications.

1577 (31) 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 with his legal representative, who made submissions and responded to questions.

Resolved - The Licensing (Miscellaneous) Sub-Committee had considered all the representations and evidence presented at the hearing and in accordance with the Licensing Policy, the Sub-Committee agreed to renew the licence holders Hackney Carriage and Private Hire Vehicles Driver Licence for a period of 3 years as the sub-committee considered the applicant to be a fit and proper person to hold such a licence under section 51 of the Local Government (Miscellaneous) Provisions Act 1976.