MINUTES OF A MEETING OF THE LICENSING COMMITTEE HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON 1 MARCH 2005, COMMENCING AT 10.00 AM

Present :

Mr C B W Chapman (Chairman), Mr M J Cunningham, Mr J Effemey, Miss H L Humby, Mrs M J Lloyd, Mr R G Mazillius, Mr A J Mundy, Mr R C Richards, Mr C H Lillywhite.

Apologies :

Mr J F Howe, Mrs J White

Also Present (Non-Voting) :

Mr A C Bartlett, Mr A A Taylor

32. MINUTES

RESOLVED :

THAT the Minutes of the meeting held on 1 February 2005 be confirmed.

33. DECLARATIONS OF INTEREST

There were no declarations of interest made at this stage.

34. URGENT BUSINESS

The Chairman expressed optimism that the updated licensing protocol due to be signed by the Council and the Police, on 1 March 2005, would further assist the close working relationships that already exist on enforcement between licensing sections of both authorities.

35. REPORT OF THE HEAD OF CONSUMER PROTECTION

To Consider Whether Mr R Wilkins is a Fit and Proper Person to Continue to Hold a Hackney Carriage and Private Hire Driver’s Licence

The report of the Head of Consumer Protection was received, which highlighted the Council’s policy in that, for an offence involving a conditional discharge, a person should be able to show at least one year free of conviction before they were authorised to hold a Hackney Carriage/Private Hire driver’s licence. Members noted that the Isle of Wight Magistrates Court had recently convicted Mr R Wilkins, of 69 Fairmount Drive, Newport. Mr R Wilkins had been given a conditional discharge for 12 months and a restraint order had been made in respect of 7 individuals. Members in considering the issue as to whether Mr R Wilkins was still a fit and proper person to hold a licence were reminded that the matter should not be a re-hearing of the Magistrates’ decision, as Mr R Wilkins had already been convicted.

Mr R Wilkins was present and was represented by Mr R Coombes, owner of Alpha Taxis, also employer of Mr Wilkins. Mr Coombes addressed the Committee on behalf on Mr Wilkins, outlining Mr Wilkins case.

Following further questions by the Committee, it was moved and seconded that the public and press be excluded from the meeting.

Mr Wilkins and Mr Coombes agreed for Mr A A Taylor to remain present, for training purposes only, during the deliberation of the case. It was confirmed that Mr A A Taylor would take no part in the discussion or decision thereon.

RESOLVED :

THAT, under Section 100(A)(4) of the Local Government Act 1972, the public and press be excluded from the meeting for part of this item, on the grounds that there was likely to be disclosure of exempt information as defined in paragraph 4, of Part 1, of Schedule 12A of the Act.

Upon reconvening in public, it was indicated that, having considered the representations made by those present and the recommendations of the Council’s officers, the Committee believed their decision to be reasonable, proportionate and in accordance with the legitimate aims of the Council.

RESOLVED :

THAT Mr Wilkins Hackney Carriage/Private Hire Driver’s licence be suspended for a period of one month commencing 1 March 2005.

CHAIRMAN