Agenda and minutes

Licensing and Regulatory Sub-Committee - Thursday, 3rd August, 2023 10.00 am

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

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

Items
No.	Item
1.	Apologies Minutes: None.
2.	Declarations of Interest (if any) Minutes: None.
3.	Request for Private Hire Vehicle Licence for Vehicle over 5 years and small plate - EXZ 599 PDF 105 KB Additional documents: EXZ 599 Appendix A applicant request_redacted , item 3. PDF 75 KB EXZ 599 Appendix B MOT history , item 3. PDF 176 KB EXZ 599 Appendix C photographs , item 3. PDF 1 MB EXZ 599 Example of small plate , item 3. PDF 216 KB EXZ 599 Appendix D inspection sheet_redacted , item 3. PDF 2 MB Minutes: The Committee considered an application for a new Private Hire Vehicle Licence and Small Plate request for a Mercedes CDI Auto vehicle registration EXZ 599. The Sub-Committee noted the information provided by way of the report and heard from the Applicant. In particular the Sub-Committee noted that the vehicle’s MOT certificate expires on 11 July 2024, with no advisories. The Sub-Committee were informed that the vehicle passed its annual taxi inspection test on 12 July 2023. 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 12 month Private Hire Vehicle Licence as detailed in the report with 6 monthly vehicle inspections due to the age of the vehicle along with approving the use of a small plate.
4.	Request for Hackney Carriage Vehicle over 5 years - GY65 OMU PDF 106 KB Additional documents: GY65 OMU Appendix A applicant request , item 4. PDF 63 KB GY65 OMU Appendix B MOT history , item 4. PDF 108 KB GY65 OMU Appendix C photographs , item 4. PDF 1 MB Minutes: The Committee considered an application for a new Hackney Carriage Vehicle Licence for a BMW Sport vehicle registration GY65 OMU. The Sub-Committee noted the information provided by way of the report and heard from the Applicant. In particular the Sub-Committee noted that the vehicle’s MOT certificate expires on 29 January 2024, with no advisories. The Sub-Committee were informed that the vehicle passed its annual taxi inspection test on 31 July 2023. 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 12 month Hackney Carriage Vehicle Licence as detailed in the report with 6 monthly vehicle inspections.
5.	Request for Hackney Carriage Vehicle Extension for further 12 months - SN13 NWJ PDF 109 KB Additional documents: SN13 NWJ Appendix A - Applicant request , item 5. PDF 42 KB SN13 NWJ Appendix B - MOT history , item 5. PDF 110 KB SN13 NWJ Appendix C - Photographs , item 5. PDF 2 MB Minutes: The Committee considered an application for a Hackney Carriage Vehicle Licence Extension for a Mercedes E250 vehicle registration SN13 NWJ. The Sub-Committee noted the information provided by way of the report and heard from the Applicant. In particular the Sub-Committee noted that the vehicle’s MOT certificate expires on 8 April 2024, with three advisories. The Sub-Committee were informed that the vehicle failed its annual taxi inspection test on 2 August 2023 due to the meter not working correctly. 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 12 month Hackney Carriage Vehicle Licence as detailed in the report subject to the meter being fixed, re-tested and the Licensing Officer being satisfied the vehicle is fixed along with 6 monthly vehicle inspections.
6.	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 1,2,5 and 7 of Part 1 of Schedule 12A of the Act. Minutes: RESOLVED that under Section 100(A)(4) of the Local Government Act 1972, the Press and public be excluded from the meeting for the following items of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraphs 1,2,5 and 7 of Part 1 of Schedule 12A of the Act.
7.	Application for Combined Hackney Carriage/Private Hire Drivers Licence View the reasons why item 7. is restricted Minutes: The Sub-Committee gaveconsiderationtoa reportpresented by the Licensing Officer (previouslycirculated) in which determinationwas sought inrespectofan application for a new Hackney Carriage and PrivateHire Vehicle Driver’s Licence. The Applicant attended the meetingin personand he answeredquestionsputto himby theSub-Committee. The Applicant was accompanied by his agent who advised him during the meeting. Arisingfromconsiderationofthereport, evidence presentedandin accordancewith theCouncil’s procedurefor hearings,it was moved byCouncillorDawson and secondedbyCouncillor Hayes, and RESOLVEDthatthe Applicant’s application for a new HackneyCarriageand PrivateHire Vehicle Drivers Licencebe refusedunder Section51(1)(a) and Section 59 (1)(a) of theLocal Government (MiscellaneousProvisions) Act1976,so as to promote public safety. The Sub-Committee felt that the conductofthe Applicant as setoutin theReport,supported its viewthatthe Applicant was not afitandproper perso ... view the full minutes text for item 7.
8.	Review of Hackney Carriage Drivers Licence View the reasons why item 8. is restricted Minutes: The Sub-Committeegaveconsiderationtoa reportpresented by the Licensing Officer (previouslycirculated) in which determinationwas sought inrespectofa review of a Hackney Carriage Driver’s Licence. The Driver did not attend the meetingin personand did not provide a written statement for the sub-committee nor was he represented. Arisingfromconsiderationofthereport, evidence presentedandin accordancewith theCouncil’s procedurefor hearings,it was moved byCouncillorHayes and secondedbyCouncillor Dawson, and RESOLVEDthatthe Driver’sHackneyCarriageDrivers Licencebe revoked with immediate effectunder Section61(2B) of theLocal Government (MiscellaneousProvisions) Act1976,in order to promote public safetydue tothe conductof the Driver as setoutin theReport. TheSub-Committeefeltthere was reasonablecausetosupportits viewthatthey were not afitandproper personto hold sucha Licence. Reasonsfor thedecis ... view the full minutes text for item 8.