MINUTES OF A MEETING OF THE LICENSING PANEL HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON FRIDAY, 14 DECEMBER 2001 COMMENCING AT 10.00 AM

Present :

Mr C B W Chapman (Chairman), Mr J A Bowker, Mrs M A Jarman, Mrs M J Lloyd, Mr A J Mundy, Mrs J White

Also Present :

Mr J R Adams

Apologies :

Mr J Effemey



18. MINUTES

RESOLVED :
THAT the minutes of the meeting held on 9 November 2001 be confirmed.

19. URGENT BUSINESS - PROCEDURAL MATTERS

The Chairman agreed to an item of urgent business on procedural matters as this had an effect on the items due to be considered later in the meeting. Due to the legal nature of this it would be necessary to exclude the public and press.
RESOLVED :
THAT under Section 100(A)(4) of the Local Government Act 1972 the public and press be excluded from the meeting for the following item of business, namely Minute 20, on the grounds that there was likely to be disclosure of exempt information as defined in paragraph 12 of Part 1 of Schedule 12A of the Act.
The public and press were then re-admitted to the meeting.

20. APPLICATIONS REGARDING THE GRANT OF HACKNEY CARRIAGE VEHICLE LICENCES FOR SUITABLY ADAPTED VEHICLES AND WHEELCHAIR ACCESSIBLE VEHICLES

Although the Panel had hoped to have a firm decision from the Executive arising from the Hackney Carriage Working Party meeting held on 6 December 2001, that had not been the case.
The recommendation of the Hackney Carriage Working Party would be discussed by the Fire and Public Safety Select Committee on 17 December 2001. The Chairman of the Licensing Panel would be requesting that the Executive deal with the matter as urgent business on the 18 December 2001. Even if that was possible no Executive decision could be ratified until the call-in period had expired, due to the Christmas break that would not be until 4 January 2002. Once that situation had been reached and subject to the Executive's decision, applications for the grant of Hackney Carriage Vehicle Licences for Suitably Adapted Vehicles or Wheelchair Accessible Vehicles could be dealt with under delegated authority, thus obviating the need to attend before the Licensing Panel.
Because of the possibility that the Council's policy may change in the next few weeks the members decided to defer all applications before the Panel today in respect of Suitably Adapted Vehicles and Wheelchair Accessible Vehicles. It was stressed that the decision was to defer the applications, not to refuse.
The Senior Licensing Officer would write to all applicants to let them know the Executive's decision and to confirm the date of the call-in period.
RESOLVED :
THAT the following applications be deferred and dealt with in accordance of the decision of the Executive :
(i) Application for the Grant of a Hackney Carriage Vehicle Licence for a Suitably Adapted Vehicle with a Swivel Seat for the Former Urban District of Cowes - Mr B H J and Mrs R M Martin.
(ii) Application for the Grant of a Hackney Carriage Vehicle Licence for a Suitably Adapted Vehicle with a Swivel Seat for the Former Urban District of Cowes - Mr C Taylor.
(iii) Application for the Grant of a Wheelchair Accessible Hackney Carriage Vehicle Licence for the Former Urban District of Cowes - Mr R P G Coombes.
(iv) Application for the Grant of a Wheelchair Accessible Hackney Carriage Vehicle Licence for the Former Urban District of Newport - Mr R P G Coombes.
(v) Application for the Grant of a Hackney Carriage Vehicle Licence for a Suitably Adapted Vehicle with a Swivel Seat for the Former Urban District of Cowes - Mr J Beaman

21. APPEAL BY MR F ALLEN AGAINST THE LICENSING COMMITTEE DECISION TO SUSPEND HIS HACKNEY CARRIAGE VEHICLE LICENCE FOR 1 YEAR

The Director of Finance and Information reported that a request had been received from Mr F Allen who wanted to appeal against the Licensing Committee's decision of the 7 September 2001 suspending Hackney Carriage Vehicle Licence 53/00 for 1 year.
The Panel were advised that a preliminary hearing had been held at the Magistrates Court on 16 November 2001, where the Bench had instructed Mr Allen to produce any evidence he had to the Isle of Wight Council no later than 7 December 2001. That evidence had been received by the Licensing section on 7 December 2001. Mr Allen was advised that the outcome of today's meeting would not interfere with his appeal to the Magistrates Court in any way. The preliminary hearing for Mr Allen's appeal was set for 20 December 2001 with the actual appeal hearing due to be heard on 14 January 2002.
Mr Allen went through the documents he had supplied to the Panel. He explained that none of the documents he had had told him that his insurance policy had been cancelled. He explained the circumstances of the breach and clarified a number of issues that were raised by the Panel.
The Panel adjourned to private session. Upon reconvening in public it was indicated that the Panel had listened carefully to the evidence that had been produced by Mr Allen, both by way of documents and by oral evidence and did not consider that any fresh evidence had been presented to amend the Panel's earlier decision and therefore the appeal had been rejected.
RESOLVED :
THAT the decision of the Panel of the 7 September 2001 shall stand, which was :
(i) THAT Hackney Carriage Vehicle Licence no 53/00 issued to Mr F Allen be suspended for 1 year.
(ii) THAT legal proceedings be authorised against Mr F Allen for Breach of Hackney Carriage licence conditions and failing to comply with Section 49 of the Local Government (Miscellaneous Provisions) Act 1976 Part II.

CHAIRMAN