Agenda and draft minutes

None.

To elect a Chair for the duration of the meeting.

It was proposed by Cllr Gearon and seconded by Cllr Henderson and;

RESOLVED – that Cllr Rollason be elected chair for the duration of the meeting.

None.

To approve and sign the Minutes of the meeting held on 18 January 2024.

The Minutes of the meeting of the 18 January 2024 were unanimously approved as a correct record and signed by the Chair.

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 2025, with one advisory and that the vehicle passed its annual taxi inspection test on 28 February 2024 with advisories. The Applicant was not in attendance but provided a written statement in support of the application.

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 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 to monitor the advisories listed.

The Applicant was not in attendance. 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 February 2025, with no advisories and that the vehicle passed its annual taxi inspection test with no 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 granted the new Hackney Carriage Vehicle Licence as detailed in the report with no additional conditions.

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 February 2025, with no advisories and that the vehicle passed its annual taxi inspection test on 28 February 2024 with no advisories. The Applicant was in attendance and clarified that the vehicle had recently had a new engine due to damage from flooding along with having the cosmetic issues fixed.

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 Licence Extension as detailed in the report with the additional condition of 6 monthly taxi inspection tests due to the age of the vehicle.

The Sub-Committee noted the information provided by way of the report and heard from the Applicant who was in attendance and clarified the reasons for wanting a small plate were because the applicant will be using the vehicle for weddings and business travel.

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 request for a small plate as detailed in the report as they considered the resolution would be best suited to the applicant and the work he will be undertaking whilst also meeting the Council’s licensing responsibilities.

The Applicant was not in attendance. 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 July 2024, with a minor defect and 2 advisories and that the vehicle failed its annual taxi inspection test on 29 February 2024 and was booked in to have the issue repaired and retested.

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 Private Hire Vehicle Licence as detailed in the report once the vehicle has passed its taxi inspection test and with the additional condition of 6 monthly taxi inspection tests due to the age of the vehicle and to monitor the listed advisories.

The Applicant was unable to be in attendance. 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 does not have a current taxi inspection test.

The Sub-Committee heard from the Licensing Officer that the Applicant had missed its vehicle inspection in May 2023 and that the licence renewal given in September 2023, was on the condition that the 4 monthly vehicle inspections would be undertaken as set out in the Council’s licencing policy. The vehicle has subsequently not been presented for testing and there was no certainty from the Applicant when it would be booked in for the vehicle test.

The Sub-Committee were not satisfied that the vehicle would continue to remain in a good and sound condition and believed that public safety could be compromised by the licence continuing.

Decision

Accordingly, after some deliberation, the Sub-Committee felt it had no choice but to revoke the Hackney Carriage Vehicle Licence as detailed in the report due to continued non-compliance of the conditions as set out in the Decision Notice dated 20 September 2023.

The Sub-Committee noted the personal circumstances of the Applicant and sympathised that they had been going through a difficult time but were extremely concerned that the vehicle checks that had been requested were being repeatedly missed. These checks are designed to ensure vehicles carrying members of the public remain in a good condition and good state of repair between each licence renewal.

The applicant has not complied with the condition to present the vehicle for testing every four months and there was no indication when the inspections would be undertaken should the licence continue. The Sub-Committee noted that at the Sub-Committee in September 2023 the Applicant’s representative had apologised for missing the vehicle test in May 2023 and had given assurances that this would not happen again. Accordingly, the Sub-Committee did not feel confident that the vehicle would be presented for testing if the licence was to continue. 

The Sub-Committee noted its overriding duty to the public, and of the paramount importance of protecting the public and public safety and therefore considered given the circumstances of this case that they had no choice but to revoke the vehicle’s Hackney Carriage licence in accordance with Section 60 (1)(c) Local Government (Miscellaneous Provisions) Act 1976 to uphold the safety of members of the 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

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.

The Applicant attended the meeting and was permitted to speak. The Applicant answered questions put to him by the Sub-Committee and the Police Representative.

A representative from Devon and Cornwall Police who had submitted a representation also attended the meeting and was permitted to speak.

Arising from consideration of the report, evidence presented and in accordance with the relevant provisions of the Licensing Act 2003 Statutory Guidance, and the Council’s Licensing Policy, it was moved by Councillor D Rollason and seconded by Councillor Gearon, and

RESOLVED that the Application for a new Personal Licence be refused under Section 120 Licensing Act 2003.

Reasons for the decision:

The Sub-Committee heard from the Police representative that the Applicant had been arrested in the early hours of 14 July 2023.  The reasons for the arrest being that the Applicant was observed by police officers to be swerving and appearing to hit a kerb whilst driving a motor vehicle. Once stopped the Applicant smelt of alcoholic liquor and claimed to have had only 2 pints. There were four other people in the car who also appeared intoxicated and caused problems for the police with their behaviour. The Applicant blew 50 micrograms when the legal limit is 35 micrograms of alcohol per 100 millilitres of breath.

The Police representative continued to explain that the usual sentence length for this offence is 12 months, but the Applicant’s longer sentence was likely due to the fact that he was carrying passengers at the time of the offence. The Police are concerned that the Applicant showed a lack of maturity and poor judgement and reasoning skills from someone who would be required to actively promote the licensing objectives. The Police Representative felt that the application and subsequent appeal showed an element of contempt for the system and felt it was unusual to apply while still in the middle of the rehabilitation period.

The Sub-Committee heard from Applicant that he understands the severity of the conviction and that the circumstances do not look good on paper. He works in a bar that serves drinks and food and has applied for his licence prior to the busy tourist season due to encouragement from his manager. The Applicant also clarified that when he was stopped by the police, he only remembers one person shouting and becoming emotional and he was trying to calm her down.

The Applicant explained to the Sub-Committee that he had pled guilty and was fortunate enough to be offered a driving course which he has completed. This has reduced his driving ban by 25% to 12 months. The Court hearing was on 1 August 2023, and so he is around halfway through his sentence. The Applicant explained that this one mistake has had, and will continue to have, a significant impact on his life and he is thankful that nobody was hurt.

The Applicant then explained that his manager had let him keep his job and he had plenty of character references in relation to his court  ...  view the full minutes text for item 64.