Agenda and minutes

Licensing and Regulatory Sub-Committee - Thursday, 12th December, 2024 10.00 am

Venue: Council Chamber, Forde House, Brunel Road, Newton Abbot, TQ12 4XX. View directions

Contact: Email: comsec@teignbridge.gov.uk  Email: democraticservicestdc@teignbridge.gov.uk

Items
No. Item

139.

Apologies

Minutes:

Apologies from Cllr Dawson.

140.

Declarations of Interest (if any)

Minutes:

None.

141.

Minutes pdf icon PDF 102 KB

To approve and sign the Minutes of the meetings held on 30 September 2024, 28 October 2024 and 14 November 2024.

Additional documents:

Minutes:

The Minutes of the Meetings held on 30 September 2024, 28 October 2024 and 14 November 2024 were approved as a correct record and signed by the Chair.

142.

Request for Private Hire Vehicle Licence for Vehicle over 5 years with small plate - LN67 JVG pdf icon PDF 104 KB

Additional documents:

Minutes:

The Sub-Committee noted the information provided by way of the report, in particular that the vehicle’s MOT expires in November 2025 with no advisories, and it had passed its depot inspection test with advisories which have now all been fixed. The Applicant was in attendance and answered questions put to him by the committee. The Applicant confirmed that the vehicle has recently been bought and had a new MOT with new tyres, brakes etc fitted. The vehicle would be used primarily for weddings and so a smarter vehicle fitted with a discreet plate was preferable for this.

 

The Sub-Committee were satisfied that the vehicle was in a good and sound condition and that public safety would not be compromised by the granting of the licence sought.

 

Decision

Accordingly, the Sub-Committee granted the new Private Hire vehicle licence with a 6 month review along with granting the small plate request as it was felt this would be most suitable for the applicant due to the nature of the work the vehicle will be used for whilst still meeting the Council’s licensing obligations.

143.

Request for Hackney Carriage Vehicle Extension for further 12 months - FM12 CUY pdf icon PDF 108 KB

Additional documents:

Minutes:

The Sub-Committee noted the information provided by way of the report. In particular the Sub-Committee noted that the vehicle’s MOT expires in October 2025 with 1 minor defect and 2 advisories, and that it passed its depot inspection test on 28 November 2024, with 2 advisories. The Applicant was not in attendance and did not send a representative. The Sub-Committee noted that the tyres and suspension appeared as advisories on the MOT more than once and asked that the Applicant keep an eye on these.

 

The Sub-Committee were satisfied that the vehicle was in a good and sound condition and that public safety would not be compromised by the granting of the licence sought.

 

Decision

Accordingly, the Sub-Committee granted the Hackney Carriage vehicle extension for a further 12 months but added an additional condition of 4 monthly taxi inspection tests due to the age of the vehicle and to monitor the advisories listed.

144.

Local Government (Access to Information) Act 1985 - Exclusion of Press and Public

RECOMMENDED that, under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting during consideration of the following items on the grounds that it involves the likely disclosure of exempt information as defined in paragraphs 1,2 and 5 of Part 1 of Schedule 12A of the Act.

 

Minutes:

It was proposed by Cllr Hayes and seconded by Cllr Rollason that the meeting move into Part II for the following agenda item. The vote was unanimous.

 

RESOLVED – that the meeting move into Part II for the following agenda item.

145.

Application for Combined Hackney Carriage / Private Hire Drivers Licence

Minutes:

The Applicant attended the meeting in person and he answered questions put to him by the Sub-Committee.

 

Arising from consideration of the report, evidence presented and in accordance with the Council’s procedure for hearings, it was moved by Councillor Hayes and seconded by Councillor Rollason, and

 

RESOLVED that the application for a new combined Hackney Carriage / Private Hire Drivers Licence be granted under Section 51 (1)(a) and Section 59 (1)(a) of the Local Government (Miscellaneous Provisions) Act 1976. The Sub-Committee felt that the conduct of the Applicant as set out in the Report and supporting documents, along with representations made, supported the Sub-Committee’s view that the applicant is a fit and proper person to hold such a Licence.

 

Reasons for the decision:

Members noted the information set out in the Report relating to the revocation by a neighbouring authority of the Applicant’s taxi licence and the reasons for that. The Sub-Committee also noted that the Applicant had received a 6 month driving ban that ended in September 2023, due to the totting up of points received for speeding. The Sub-Committee noted that the conviction is considered relevant as the driving of taxis is a ‘Regulated Occupation’. As such questions may be asked as to the suitability of an individual to be granted a licence.

 

In response to questioning the Applicant explained to the Sub-Committee that there had been a series of events which had resulted in the loss of his previous taxi licence. The Applicant had been in an accident which had resulted in the loss of his vehicle. He was lucky to be alive and this is why he had not informed the previous Local Authority of the accident within 72 hours as their policy requires, although he did inform them eventually.

 

The Applicant further went on to explain the reason that he had not submitted documents to the previous local authority was due to visiting his immediate family abroad for an extended period. There is very poor internet connection where his family live and he had missed the reminder emails and deadline for submitting the various documents. He acknowledged that this was no excuse, apologised and promised that it would not happen again were he to be granted a licence. The Licensing Officer then confirmed to the Sub-Committee that all required documentation had been received for this application.

 

The Applicant also clarified that there was some confusion and he had remained with the same operator when he was abroad for a few months. He did not notify the previous local authority as he did not realise that he had to when he had not changed operators. In the future, he will make sure to do so if he goes away for an extended period of time.

 

In response to questions about the speeding points, the Applicant stated he had points but was unable to do a speed awareness course, as such when he had received further points, he was banned. He attended court when he returned  ...  view the full minutes text for item 145.