Venue: Committe Room, Town Hall, St Nicholas Street, Scarborough, YO11 2HG
Contact: Christine Armitage, Democratic Services Officer
Election of Chairman
To elect a Chairman for this meeting.
RESOLVED that Councillor Simon Green be elected Chair of this meeting.
Members are reminded of the need to consider whether they have a disclosable pecuniary, prejudicial or other (personal) interest to declare in any items on this agenda. Details of any interest must be declared at the start of the meeting or as soon as any interest becomes apparent during the meeting. The attached form must also be completed. Any advice required should ideally be sought before the day of the meeting.
There were no declarations of interest.
Exclusion of the Public
To consider the following motion:-
"whether under Section 100A(4) of the Local Government Act 1972, the public should be excluded from the meeting for the following item(s) of business on the ground(s) that it/they involve(s) the likely disclosure of exempt information (as defined in Part 1 of Schedule 12A of the Act). Any such decision is subject to a public interest test as provided by paragraph 10 of Schedule 12A of the Act.”
There was no application for the exclusion of the public. The Legal Advisor explained the public nature of the hearing.
To consider a report of the Environment and Regulation Manager (Reference 20/61. This report informs the Licensing Sub-Committee of a referral by the Environment and Regulation Manager for the review of a Dual Driver’s Licence and requests that the Licensing Sub-Committee determine whether to exercise the powers available under section 61 of the Local Government (Miscellaneous Provisions) Act 1976 and if such a determination is made to exercise those powers as considered appropriate.
The Licensing Sub-Committee considered a report of the Environment and Regulations Manager (Reference 20/61). The Sub-Committee also had sight of all appendices/attachments to the report and a print out from the DVLA.
In coming to its decision, the Sub-Committee has had due regard to the promotion of the objectives of the Licensing Authority as detailed in the Taxi and Private Hire Policy as follows:
- To promote the safety, health and comfort of the public and drivers
- The prevention of crime and disorder, safeguarding of children and the vulnerable
- To promote vehicle safety, comfort and access
- The provision of high quality vehicles and services
- Promoting tourism and the Borough of Scarborough
RESOLVED that the licence be suspended for 2 months. The suspension will take effect at the end of the period of 21 days beginning with the day on which the notice is given to Mr Martin Bottomley.
The Sub-Committee has heard that there are 9 penalty points on the licence. The 2nd offence on record relates to a speeding offence where Mr Bottomley was caught doing 6 miles in excess of the speed limit. Mr Bottomley has correctly informed the licensing authority that the points were imposed as he is duty bound to do. There are now 2 motoring offences on the licence which are of concern.
The Sub-Committee has considered the effect of Para 45 of appendix D of the policy which reads that ‘An isolated motoring offence may not necessarily prevent a person from being issued a licence. However a number of such offences of this nature may give serious cause for concern and consideration shall be given to the gravity and frequency of offences.’
The Sub-Committee has decided that suspension is appropriate in the circumstances as Mr Bottomley is now belatedly taking steps to reform his behaviour. He has informed the Sub-Committee that he has purchased a device that will prevent him speeding and realises the error of his ways.
The suspension will act as a punishment and will remind Mr Bottomley that he cannot afford to commit further offences. Any further endorseable offences will mean that he will have to appear before the Magistrates Court who would consider disqualification as a totter. Likewise the Licensing Sub-Committee would again become involved. Mr Bottomley must be aware of the severity of the situation should he offend again and this will hopefully act as a deterrent.
In coming to its decision, the Sub-Committee has also considered the Licensing Officer’s Report including appendices/attachments, oral evidence and submissions made at the hearing and relevant legislation and case law.