Licensing Minutes - 1 December 2003

19. MINUTES

RESOLVED :

THAT the Minutes of the meeting held on 3 November 2003 be confirmed.

20. DECLARATIONS OF INTEREST

Interests were declared in the following matters :

Mr J Effemey declared a personal interest in Minute No 21 (c) as he lived in close proximity to the applicant.

Mr M Cunningham declared personal interest in Minute No 21 (c) as he was a Council representative on the Board of the Riverside Centre.

Mr C B W Chapman declared a personal interest in Minute No 21 (b) as he was the Councils representative on the Board of the Steve Ross Foundation for the Arts.

21. REPORTS OF THE HEAD OF CONSUMER PROTECTION

(a) To Review the Isle of Wight Council’s Hackney Carriage Table of Fares

In accordance with the instruction from the meeting of the Licensing Panel, held on 17 October 2003, the Licensing Officer and the Isle of Wight Taxi Proprietors Association (IWTPA) had continued in their negotiations over the request received for a review of the Isle of Wight Hackney Carriage table of fares, applicable to all four licensing zones. This would be the first such increase for seven years.

The report of the Head of Consumer Protection was received, which set out the progress made in reaching an acceptable compromise. Members noted the IWTPA’s letter, of 18 November, setting out percentage increases in their costs, from 1998 to 2003, together with examples from the existing table of fares, on journey’s for 1 to 10 miles for 2 passengers on tariffs 1,2 and 3 with no extras added, the IWTPA’s revised proposed fares and the revised Officers’ proposals.

The licensing officer highlighted that the Council was currently placed 56 out of 376 Local Authorities in the league table of fares, for journeys of 1 and 2 miles under Tariff 1, collated by the National Private Hire Association. The senior solicitor explained why the IWTPA did not have a right to appeal to the magistrates’ court, in this instance and the implications under the Human Rights Act.

Members noted that should a new fare structure be determined this would then have to be advertised in the Isle of Wight County Press.

Mrs J Rounsevell and Mr D White were present and set out the case for the IWTPA. Following a survey of 44 proprietors, representing 88 plates, 33 proprietors, representing 72 plates had responded in favour of the proposals put forward by the IWTPA. This would result in an average fare increase of 9.97%. The last fare increase took place in March 1997.

The Panel adjourned to private session. Upon re-convening in public it was indicated that the Panel felt that a fare increase was justified and that they had endeavoured to reach a compromise between the figures proposed by the licensing officer and by the trade. The Panel were also of the view that it should be made clear to consumers by the Licensing Authority that they could negotiate on fares ie when ordering a taxi/private hire vehicle over the telephone. It was, therefore, strongly recommended that all charges should be fully displayed in the window of the taxi, in terms of the price for a standard journey or, if relevant, as a percentage discount of the metered fare.

The Panel were advised that should any technical difficulties arise, due to the recalculation of the taximeters, the matter would then have to be returned to a future meeting of the Panel.

RESOLVED :

(i) THAT a taxi fare increase be granted to a maximum of the following figures :

No of Miles	Tariff 1 (£)	Tariff 2 (£)	Tariff 3 (£)
Flag	3.00	4.00	6.00
1	3.00	4.50	6.00
2	4.50	6.50	9.00
3	6.00	9.00	12.00
4	7.50	11.00	14.50
5	9.00	13.00	18.00
6	10.50	15.00	20.00
7	11.50	17.00	22.00
8	13.00	19.00	25.00
9	14.00	21.00	27.00
10	15.00	22.00	30.00

(ii) THAT the extra charges, as proposed, be approved.

Mr C B W Chapman declared a personal interest in the following item of business.

(b) Application for the Renewal of the Public Entertainment Licence for Quay Arts, Sea Street, Newport

The Head of Consumer Protection reported on the application received for the renewal of the Public Entertainment Licence for the Quay Arts Centre, Sea Street, Newport. A plan showing the premises and the surrounding area was attached to the report, which indicated four premises for Public Entertainment in the vicinity, the two closest premises being licensed until the hours requested in the application. The Panel noted that the premises had held a Public Entertainment Licence for at least five years and that the application was for no change in the current permitted hours. A Liquor Licence also covered the premises, for the hours as set out in the report.

Following the normal round of formal consultation no objections or comments had been received prior to the circulation of the agenda. A late written representation had since been received from the local councillor and this was read to the Panel. The application had been advertised in the Isle of Wight County Press and one letter of objection had been received.

The licensing officer highlighted that any conditions placed on the licence would only apply to when the premises was being used for public entertainment.

Mr S Munn, Centre Director and Mr I Gregory, Operations Manager were present and outlined the case on behalf of the applicant Mr D Swindon, which included measures planned for the future, in an endeavour to contain any noise nuisance.

Mr B Rushton, the objector to the application, was present and explained his reasons for his objection. Mr Rushton clarified that the Conditions, referred to in his correspondence, had been a voluntary, verbal agreement between the Quay Arts Centre and himself and did not form part of any agreed County Court terms of settlement. Mr Rushton also declined to submit any further evidence regarding alleged noise nuisance from the Quay Arts Centre.

The Panel adjourned to private session. Upon reconvening in public it was indicated that the Panel had considered all the evidence presented and had determined that their decision was fair and proportionate to the legitimate aim of the Council.

The Panel also hoped that continuous discussion would take place between the applicant and the objector, to ensure an amicable way forward.

RESOLVED :

THAT the Public Entertainment Licence for the Quay Arts Centre, Sea Street, Newport be renewed for one year, for the existing times and subject to the Council’s existing terms and conditions.

For the following item of business Mr J Effemey declared a personal interest and withdrew from the room, Mr M C Cunningham declared a personal interest and remained present.

(c) Application to Exchange a Swivel Seat ‘D’ Plate Licence for a Standard Hackney Carriage Vehicle Licence for the Former Urban District of Cowes

The report of the Head of Consumer Protection was referred to which set out details of the request received from Mr M Hill, of 51 The Green, Crossfield Avenue, Cowes. The application was for the removal of the of the Council’s licence condition on an existing ‘D’ plate licence for a vehicle, which had the benefit of a swivel seat for the disabled. This would result in the applicant being granted a standard Hackney Carriage Vehicle licence. Members were reminded that a similar application had been approved at a meeting of the Panel in September 2003. A further application was due to be presented to the Panel in January 2004.

The Panel noted that there were currently 8 ‘D’ plate licences in existence on the Island. Approval of the application could mean that disabled people on the Isle of Wight would be disadvantaged. The Council did not hold a policy with regard to the exchange of a Hackney Carriage Vehicle Licence from a ‘D’ Plate to a standard licence. The Council were looking to promote a mixed type of Hackney Carriage fleet with varying facilities for the disabled.

A letter in support of the application was circulated to all parties.

The applicant, Mr Hill was present and outlined his case, highlighting his wish to upgrade his current vehicle, a Peugeot 405, in the near future with a vehicle that did not provide any facilities for the disabled.

Two letters of objection had been received. Both objectors were present and outlined their reasons for objection.

The Panel adjourned to private session. Upon reconvening it was indicated that the Panel had carefully considered the evidence put before them and believed that their decision was fair, reasonable and proportionate to the Council’s legitimate aim, in accordance with the Local Transport Plan. The Panel held the view that each case should be dealt with on its merits.

RESOLVED :

THAT the application received from Mr M Hill, 51 The Green, Crossfield Avenue, Cowes to replace his existing ‘D’ Plate licence with a standard Hackney Carriage Vehicle licence be refused.

CHAIRMAN