Agenda and minutes

Licensing and Regulatory Sub-Committee - Thursday, 8th February, 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

44.

Apologies

Minutes:

None.

45.

Declarations of Interest (if any)

Minutes:

None.

46.

Application for Stretched Limousine and the request for a small plate - RR04 LMO pdf icon PDF 122 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 certificate expires in August 2024, with no advisories and that the vehicle passed its annual taxi inspection test on 19 January with no advisories. The Applicant’s representative was in attendance and answered questions from the committee relating to the maintenance of the vehicle.

 

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 grants the new Private Hire Vehicle Licence for a year along with the small plate request with the additional condition of 6 monthly vehicle inspection tests due to the age of the vehicle.

47.

Application for Stretched Limousine and the request for a small plate - S11 VSK pdf icon PDF 122 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 certificate expires in January 2025, with no advisories and that the vehicle passed its annual taxi inspection test on 26 January 2024 with no advisories. The Applicant’s representative was in attendance and answered questions from the committee relating to the maintenance of the vehicle.

 

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 grants the new Private Hire Vehicle Licence for a year along with the small plate request with the additional condition of 6 monthly vehicle inspection tests due to the age of the vehicle.

48.

Request for Hackney Carriage Vehicle Extension for further 12 months - BJ62 UYS pdf icon PDF 109 KB

Additional documents:

Minutes:

The Sub-Committee noted the information provided by way of the report. The Applicant was not in attendance. In particular the Sub-Committee noted that the vehicle’s MOT certificate expires in February 2025, with three advisories and that the vehicle passed its annual taxi inspection test on 31 January with advisories.

 

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 grants the Hackney Carriage Vehicle Licence Extension as detailed in the report with the additional condition of 4 monthly taxi inspection tests due to the age of the vehicle and to monitor the advisories listed

49.

Request for Hackney Carriage Vehicle Extension for further 12 months - DY13 YRL pdf icon PDF 109 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 certificate expires in March 2024, with one advisory and that the vehicle passed its annual taxi inspection test on 2 February with advisories. The Applicant’s representative was in attendance and confirmed the oil leak was being monitored by the garage.

 

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 grants the Hackney Carriage Vehicle Licence Extension as detailed in the report with the additional condition of 6 monthly taxi inspection tests due to the age of the vehicle and the advisories listed.

50.

Request for Hackney Carriage Vehicle Extension for further 12 months - RO13 HVS pdf icon PDF 109 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 certificate expires in January 2025, with two advisories and that the vehicle passed its annual taxi inspection test on 1 February with advisories. The Applicant’s representative was in attendance and answered questions from the sub-committee in relation to the tyre condition and maintenance.

 

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 grants the Hackney Carriage Vehicle Licence Extension as detailed in the report with the additional condition of 4 monthly taxi inspection tests due to the age of the vehicle and to monitor the advisories listed.

51.

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:

RESOLVED 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.

 

52.

Review of a Hackney Carriage Drivers Licence

Minutes:

The driver attended the meeting in person and was represented by a solicitor. The Sub-Committee sought confirmation from the Solicitor and driver that they had had enough time to review all evidence submitted with the report and were happy to continue with the hearing. Confirmation was duly provided.

 

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

 

RESOLVED that the Hackney Carriage Drivers Licence be revoked with immediate effect under Section 61(1)(b) of the Local Government (Miscellaneous Provisions) Act 1976, in order to promote public safety due to the conduct of the Driver as set out in the Report. The Sub-Committee felt there was reasonable cause to support its view that the driver is not a fit and proper person to hold such a Licence.

 

Reasons for the decision:

Members noted the information set out in the Report. The main complaints made against the driver related to non-use of the meter and charging a fixed fee, swearing and aggressive behaviour and being parked on a Teignbridge taxi rank with a Mid Devon plated vehicle. The Sub-Committee had previously viewed video footage of three of the incidents in question.

 

The Sub-Committee then heard from the solicitor. The driver has been working for a local firm for at least 2 years and they have been pressuring him to charge a fixed fee, take payment upfront and to not turn on the meter. The shifts were mainly at night which can be a challenging time and the driver has previously been assaulted but no further action was taken by the police.

 

These difficult work circumstances along with the added pressure from the taxi firm meant the driver felt he had to take a fixed payment upfront. The taxi firm told the driver this was lawful and when recently questioned by the driver they did not reply. Two text messages were shown which detailed jobs for the driver and how much he should charge. Further messages were unable to be retrieved as the driver no longer has access to the firm’s app.

 

The solicitor explained that the driver no longer works for the taxi company as he can now see the problems with how the firm was operating, although he is confident customers were not overcharged. The driver now plans to mainly work from the train station and completing school contracts. The driver has also had CCTV professionally installed in his taxi which will hold recordings for 30 days. This can then be produced for inspections should there be any further complaints or incidents. The driver feels that these adjustments will stop further issues from happening and hopes a way forward can be found.

 

The allegation of aggressive behaviour whilst on a school run was addressed by the solicitor who explained that the driver believes he was wrongly identified and no further action was taken by Devon County Council. The Licensing Officer clarified for  ...  view the full minutes text for item 52.