Chairman: Councillor K Vickers
Venue: Room FO1e, Church Square House, High Street, 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. 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 6 and 7 of Part 1 of Schedule 12A of the Local Government Act 1972 (as amended).
4. Local Government (Miscellaneous Provisions) Act 1976 - Town Police Clauses Act 1847 - Renewal of a Hackney Carriage and Private Hire Vehicle Drivers Licence – report exempt
5. Local Government (Miscellaneous) Provisions Act 1976 - Review of a Private Hire Vehicle Drivers Licence – report exempt
MINUTES
PRESENT: – Councillor P Vickers in the Chair.
Councillors Clark, A Davison and Swift.
The sub-committee met at Church Square House, Scunthorpe.
1629 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.
1630 EXCLUSION OF THE PUBLIC – Resolved – That the public be excluded from the meeting for consideration of the following item (Minutes 1627 and 1628 refers) on the grounds that it involves the likely disclosure of exempt information as defined in Paragraphs 6 and 7 of Part 1 of Schedule 12A of the Local Government Act 1972 (as amended).
1631 Local Government (Miscellaneous Provisions) Act 1976 - Town Police Clauses Act 1847 - Renewal of 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 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 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 renewal of the licence as applied for with no additional conditions or restrictions other than those normally applied to such licences.
- To grant the renewal of the licence subject to additional conditions or restrictions.
- To refuse to renew the licence.
- To warn the licence holder regarding his future conduct.
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, and was accompanied by a work place colleague, who made submissions and responded to questions.
Resolved – The Licensing (Miscellaneous) Sub-Committee considered road traffic offences to be of a very serious nature and that the safety of the public was the sub-committees paramount consideration. The sub-committee expected a standard of behaviour which provided a positive image of the hackney carriage and private hire trade in North Lincolnshire and anticipate that the Licence Holder adheres to this as well as the Council's Taxi Licensing Policy and relevant Bylaws.
As a result of the offence carried out by the licence holder on the 21st March, he was awarded 11 warning points on his Hackney Carriage and Private Hire Driver's Licence. However, after taking into consideration the information presented at the hearing, the sub-committee had agreed to renew his Hackney Carriage and Private Hire Drivers Licences, as they considered him to be a fit and proper person under section 51 the Local Government (Miscellaneous Provisions) Act 1976. The 17 Warning points shall remain on the Licence Holder's Hackney Carriage and Private Hire drivers licencses until they expire.
The sub-committee were satisfied that the licence holder had demonstrated an understanding of the importance of ensuring the safety of the public at all times and provided the sub-committee with confidence that he had learnt from this mistake and would take necessary measures to ensure that this offence would not occur in the future. However, the sub-committee would like to remind the licence holder that the standing of a fit and proper person applied to his conduct at all times. The sub-committee expected a standard of behaviour which provided a positive image of the taxi trade in North Lincolnshire.
Hackney Carriage and Private Hire Vehicle drivers were directly responsible for the safety of the public and the Licensing (Miscellaneous) Sub-Committee expected you to adhere to the requirements of the council's Taxi Licensing Policy, including the safeguarding of the public, and the conditions attached to a Hackney Carriage and Private Hire Vehicles drivers License at all times.
1632 Local Government (Miscellaneous) Provisions Act 1976 - Review of a Private Hire Vehicle Drivers Licence – The Director: Operations submitted a report advising members of an application for the 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 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, who made submissions and responded to questions.
Resolved – The Licensing (Miscellaneous) Sub-Committee considered road traffic offences to be of a very serious nature and that the safety of the public was the sub-committees paramount consideration. The sub-committee expected a standard of behaviour which provided a positive image of the Hackney Carriage and Private Hire trade in North Lincolnshire and anticipate that the Licence Holder adhered to this as well as the council's Taxi Licensing Policy and relevant Bylaws.
As a result of the offence carried out by the licence holder on the 19th March 2019, he had 12 warning points added to his Private Hire Vehicle Driver's Licence. The sub-committee were greatly concerned that evidence had been provided which indicated that he had been driving a vehicle in excess of the speed limit whilst transporting members of the public. However, the sub-committee had agreed to allow the licence holders Private Hire Drivers Licence to continue, as they considered the Licence Holder to be a fit and proper person under section 51 the Local Government (Miscellaneous Provisions) Act 1976. The 12 Warning points shall remain on his Private Hire Drivers licence until they expired.
However, the sub-committee considered the licence holders disregard as to the safety of the public whilst undertaking his duties as a Private Hire Vehicle driver to be worrying behaviour, in particular, they felt that the licence holders observation that driving in excess of the speed limit does not compromise passenger safety to be dismissive. Therefore, the sub-committee hereby issued him with a warning and reminded him that the standing of a fit and proper person applied to the licence holder at all times.
Hackney Carriage and Private Hire Vehicle drivers were directly responsible for the safety of the public and the Licensing (Miscellaneous) Sub-Committee expected the licence holder to adhere to the requirements of the council's Taxi Licensing Policy, including the safeguarding of the public, and the conditions of a Private Hire Vehicles and Hackney Carriage Drivers License at all times.
The sub-committee gave great consideration to the fact that the licence holder had a clean DVLA Drivers licence. However, should any further points be added to his Private Hire Vehicles Licence, it could result in being back before the sub-committee for a further review.