Agenda and minutes

Apologies had been received from Councillors Duncan, I Markham and P M Varnsverry.

The Minutes of the meetings held on 4^th and 17^th November were agreed as a true record and signed by the Chair.

RESOLVED:

            That Mr Steve Ward be granted leave to address the Committee on item 6 “Operation Flag Update” and item 7 “Multi-Agency Check 20.02.09”

There were none.

There were none.

Report of the Borough Solicitor.

The Licensing Officer presented the report with the recommendation that its contents be noted.  He drew the Committee’s attention to the fact that in 14 operations, 52 drivers had been reported for summons and been successfully prosecuted.  Of these only one had appealed to the Magistrates’ Court against the sanctions subsequently imposed by the Licensing Committee and this appeal had been dismissed.

Steve Ward, as one of the town’s Hackney/private hire drivers, then addressed the Committee.  Whilst he sympathised with the drivers who were trying to find extra work in these hard times, he had no complaints about the operation itself and was of the opinion that the behaviour of drivers who illegally plied for hire was inexcusable.   He felt that the increasing number of private hire drivers currently operating was adding to the difficulties.

Councillor R Conroy expressed his satisfaction at the support of the Magistrates’ Court in upholding the Committee’s decision to impose sanctions on a driver flouting the law.

There followed discussion about the difficulties experienced by Private Hire drivers who were parked whilst awaiting a call from their controller and who might be approached by potential customers.  It was agreed that, in spite of explanatory posters around the town, the general public were unclear about the different procedures in hiring Hackney Carriages and Private Hire vehicles.  The Licensing Officer explained that all journeys in Private Hire vehicles had to be pre-booked by the customer through the operator, who then allocated the job to an appropriate driver. 

Councillor Choudary suggested that there might be a planning issue with insufficient parking being available for Private Hire vehicles to sit during the quieter times on their shifts.

The Licensing Officer confirmed that there had been one occasion where an operation had targeted 30 – 40 drivers and only one had been plying illegally.

RESOLVED:

That the report be noted.

Report of the Borough Solicitor.

The Licensing Officer presented the report to the Committee explaining the process of the multi-agency check and indicating that there was still cause for concern at the outcome.  He reported that 66% of vehicles checked had presented with defects and third of all vehicles had been found to be un-roadworthy.

Steve Ward then addressed the Committee explaining that he had received a warning about a tyre approaching its legal limit during the course of the latest multi-agency check. In spite of a lot of drivers complaining about the checks, it only took about 30 minutes out of a shift. He was of the opinion that, with reduced incomes, many drivers were cutting back on vehicle maintenance.  He also mentioned the different mindset of some foreign drivers who were accustomed to a different and lower standard of vehicle maintenance in their native countries.

Councillor R Conroy commented on the apparent lenience with which these professional drivers were treated in comparison to the general public, who were more likely to receive on-the-spot fines for vehicle defects.  It was pointed out that Private Hire and Hackney Carriage drivers whose cars were taken off the road for a period of time had already received the financial penalty of loss of earnings.  However, if more than one fault was found, the Police were likely to prosecute the driver.

There was discussion as to the severity of some of the vehicle defects and it was made clear that VOSA, who carried out the testing, had a standard and rigorous process that was consistent across the whole region. They had the authority to impose an immediate or delayed prohibition on the vehicles.

The Licensing Officer explained that the Authority had no legal power to limit the number of licences granted on Private Hire or Hackney Carriage vehicles.  It was requested that the Licensing Officer produce details for the Committee of the relative severity of the vehicle faults found in the operation.

It was further requested that all Councillors be invited to observe future multi-agency checks.

RESOLVED

(1)   That the report be noted.

(2)   That the Licensing Officer provide details of the vehicle defects uncovered at the multi-agency check.

(3)   That the dates of future checks be circulated to all Councillors along with an invitation to observe.  (It was noted that these dates should remain confidential to all other than the Licensing Officer and Councillors).

The Chair to Move:

“that the public and press be excluded from the remainder of the meeting on the grounds that there is likely to be disclosure to them of such categories of exempt information as defined by section 100(1) of the Local Government Act 1972 as listed against such items of business by reference to the appropriate paragraph of Schedule 12a to such act.”

The Chair moved that the Public and Press be excluded from the remainder of the meeting on the grounds that there was likely to be disclosure to them of such categories of exempt information as defined by Section 100(1) of the Local Government Act 1972 as listed against such items of business by reference to the appropriate paragraph of Schedule 12A to such Act.

The Motion was Carried.

Report of the Borough Solicitor.

The Licensing Officer referred to the report explaining the events leading to the Applicant’s previous and current appearance before the Committee.

After questioning the Applicant and his representative, the Committee adjourned at 18:43 to make their decision.  The Solicitor was called for advice.

The Committee reconvened at 18:57

RESOLVED

That, having considered the representations made, on the balance of probability, the Applicant was not a fit and proper person to hold a Private Hire Licence and that the application be refused.