Meeting documents

Licensing (Miscellaneous) Sub-Committee
Tuesday 26th 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. Local Government (Miscellaneous Provisions) Act 1976 - Application for a Private Hire Vehicle Drivers Licence.
  4. Local Government (Miscellaneous Provisions) Act 1976 - Town Police Clauses Act 1847 – Application for the renewal of a Hackney Carriage and Private Hire Vehicle Drivers Licence.
  5. Local Government (Miscellaneous Provisions) Act 1976 - Town Police Clauses Act 1847 - Application for the renewal 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.

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.

1578 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.

1579 (32) 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 - That after careful consideration of all the information heard at the hearing, the decision of the Licensing (Miscellaneous) Sub-Committee was to grant the applicant his Private Hire Vehicle Drivers Licence. The sub-committee was satisfied that the applicant was a fit and proper person to hold such a licence under the Local Government (Miscellaneous Provisions) Act 1976.

1580 (33) 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 and his friend attended the meeting, made submissions and responded to questions.

Resolved - That after careful consideration of all the documentation, and after hearing the verbal submissions, the Licensing (Miscellaneous) Sub-Committee agreed to renew the licence holders Hackney Carriage and Private Hire Vehicle Drivers Licence. This decision was reached as the sub-committee considered the licence holder to be a fit and proper person under the provisions of the Local Government (Miscellaneous) Provisions Act 1976. The 18 warning points shall remain on the licence holders taxi licence until they expired.

1581 (34) 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 and her husband attended the meeting, made submissions and responded to questions.

Resolved – The sub-committee had read all the evidence submitted by both parties, and listened carefully to the verbal submissions made by both parties at the hearing. The Licensing (Miscellaneous) Sub-Committee was very concerned to note that the required paperwork concerning the lift equipment for vehicle FY07 MKN was not correct in that the certificate (number 53651), submitted in accordance with the Lifting Operations and Lifting Equipment Regulations 1998 had, in the opinion of the sub-committee, clearly been altered.

The applicant had provided no explanation for this amendment and the applicant was aware that it was her responsibility to be able to produce correct and up to date documentation when required and requested by the Licensing Authority. The lifting equipment must be safe for public use. The safety of the public was the sub-committee's primary concern. The sub-committee was also concerned that the SP40 speeding conviction was not disclosed in the application, and that the conduct of the applicant towards council officers was not satisfactory. Therefore, after consideration of all the evidence, the applicant was not considered to be a fit and proper person to hold such a licence, under the Local Government (Miscellaneous) Provisions Act 1976.

Reports