PAPER A

1. MINUTES

RESOLVED :

THAT the Minutes of the meeting held on 20 April 2004 be confirmed.

2. DECLARATIONS OF INTEREST

There were no declarations of interest made at this stage.

3. REPORTS OF THE HEAD OF CONSUMER PROTECTION

(a) Appeal against the Hackney Carriage & Private Hire Vehicle Licence Conditions, which prevent the Licensing of a Vauxhall Zafira for up to a Maximum of 6 Passengers

The Panel were informed that, due to illness, the applicant, Mr R D Titley of Hartwell Isle of Wight, Carisbrooke Road, Newport would not be attending the day’s meeting. As no other persons were available to attend the meeting on his behalf it was :

RESOLVED :

THAT the appeal against the Licensing Officers’ decision to not grant a Hackney Carriage or Private Hire Vehicle licence for a Vauxhall Zafira, for up to a maximum of 6 passengers, be deferred to a future meeting of the Panel.

(b) Displaying of Council Identity Plate

The report of the Head of Consumer Protection was referred to which set out details of the request received from Mr G Taylor, 49 Bellevue Road, Cowes for an exemption from displaying the Council’s Identity Plate on his Mercedes-Benz C class vehicle and to be authorised to display the smaller executive style plate in its stead.

The Panel noted that currently six vehicles had been granted dispensation to display the executive style plate. Each case had been considered on its own merits. The Panel were advised that the applicant had intended to submit evidence from his existing clientele in support of the application. The applicant, after being advised of his right to request that the matter be adjourned to enable him further time to provide the additional documents for the Panel, agreed for the proceedings to continue.

The Panel adjourned to view the vehicle. Upon reconvening, Mr G Tayor outlined his case as to why it would be more acceptable for the targeted executive market, to display the smaller style plate. Examples of both plates were displayed to the Panel.

Following the presentations and questions by both parties and questions by the Panel it was moved and seconded that the public and press be excluded from the meeting.

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 9 of Part 1, of Schedule 12A of the Act.

Upon reconvening in public it was indicated that the Panel had listened to evidence from the Licensing Officer and the applicant and had taken the view that the decision complied with previous panel decisions and was in keeping with the Council’s legitimate aim.

RESOLVED :

THAT the request from Mr G Taylor, of 49 Bellevue Road, Cowes for an exemption from displaying the Council’s Identity Plate, subject to him being required to display the new executive style plate, issued by the Council, in the correct manner as required by the Council’s Private Hire licence conditions be granted.

(c) To consider whether Mr A D Penn is a Fit and Proper Person to hold a Hackney Carriage and Private Hire Driver’s Licence

Members received the report of the Head of Consumer Protection detailing the application received from Mr A D Penn, of 6 Albert Road, Shanklin for a Hackney Carriage/Private Hire driver’s licence. The Licensing Officer had not used his delegated authority due to the past history of the matter.

The Panel were reminded that the applicant’s Hackney Carriage/Private Hire driver’s licence had been revoked on 22 May 2001, as he had been convicted of an offence involving dishonesty and had also not been considered a fit and proper person to hold such a licence. The meeting of the Licensing Panel, on 17 January 2003, had refused Mr Penn’s application for a Hackney Carriage/Private Hire driver’s licence as there was no compelling reason to grant a licence less than two years after a conviction. The Magistrates’ Court had refused an appeal against this decision. The Panel noted that the applicant had been clear of conviction since April 2001 and the Police had confirmed this. The Council’s policy indicated that for an offence involving dishonesty, a person should be able to show three to five years free of conviction.

The applicant, Mr Penn was present and outlined his case. Two letters of reference, to support the application, were tabled and circulated to Members of the Panel.

Following the presentations and questions by both parties and questions by the Panel it was moved and seconded that the public and press be excluded from the meeting.

RESOLVED :

Upon reconvening in public it was indicated that the Panel had listened to the evidence provided by the Licensing Officer and the applicant and were satisfied that Mr Penn should have his licence granted, but were also of the view that a warning letter was essential as a result of his past conduct. It was considered that the decision was proportionate and in keeping with the Council’s legitimate aim.

RESOLVED :

(i) THAT a Hackney Carriage/Private Hire driver licence be issued to Mr A D Penn, of 6 Albert Road, Shanklin along with a warning letter with regard to his future conduct as a licensed Hackney Carriage/Private Hire driver.

(ii) THAT the Licensing Officer report back to the Panel as to the conduct generally of Mr Penn, at the end of the licence year.

4. RETIREMENT OF MR B MONKS

The Chairman reported that this was the last meeting of the Panel before Mr B Monks, Environmental Health Manager, retired after 30 years service.

Members paid tribute to Mr Monks and his work for the Authority. Mr Monks responded accordingly.

RESOLVED :

THAT the Panel wish Mr Monks a long and happy retirement.

CHAIRMAN