PAPER C
Purpose : For Decision
Committee : LICENSING PANEL
Date : 15 MARCH 2002
Title : TO CONSIDER WHETHER MRS G QUILTER AND MR A QUILTER ARE STILL FIT AND PROPER PERSONS TO HOLD HACKNEY CARRIAGE LICENCES AND PRIVATE HIRE VEHICLE LICENCES
REPORT OF THE STRATEGIC DIRECTOR OF FINANCE AND INFORMATION AND COUNTY TREASURER
SUMMARY/PURPOSE
To consider what action to take against Mrs G Quilter and Mr A Quilter, of Q Cars, 21 John Street, Ryde, Isle of Wight, after Hackney Carriage Vehicle Licence No. 40, registration no. C90 UDL failed its 6 monthly compliance test.
BACKGROUND
1. Members are aware that this item was deferred from the last meeting of the Licensing Panel to enable Mrs G Quilter and Mr A Quilter to confirm in writing that Mr J Quilter would be representing them as set out at Appendix 1. At that meeting Members were informed that Mr A Quilter had transferred all three of his shared Hackney Carriage Vehicle Licences and they are all in the names of Mrs G Quilter and Mr J Quilter. However, Mr A Quilter is still part proprietor of Private Hire Vehicle Licence No. 10 together with Mrs G Quilter.
2. On the 23 January 2002 Mrs G Quilter and Mr A Quilter’s Hackney Carriage Vehicle Licence No. 40, registration No. C90 UDL failed its 6 monthly compliance test which resulted in the licence being suspended. A copy of the suspension notice listing the defects is set out at Appendix 2.
3. On the 29 June 2001 a warning letter was sent to Mrs G Quilter and Mr A Quilter informing them that Hackney Carriage Vehicle Licence No. 37 had failed its 6 monthly compliance test which resulted in the licence being suspended. A copy of the suspension notice dated 29 May 2001 listing the defects is set out at Appendix 3. They were also informed that if any other vehicle failed its compliance test then a report would be submitted to the Licensing Panel for their consideration.
4. On the 29 January 2002, Mr J Quilter became a joint proprietor together with Mrs G Quilter for Hackney Carriage Vehicle Licence Nos. 37, 40 and 42. Members should give careful consideration and decide whether this change will lead to a long term improvement in the safety of these vehicles. If it is agreed that the resolution made on the 16 January 2001 and set out below should still obtain then the names will have to be changed and a new resolution passed:-
(i) All vehicles licensed to Mrs G Quilter and Mr A Quilter, namely Hackney Carriage Vehicle licence nos. 37, 40 and 42 and Private Hire number 10, pass a certificate of compliance test every 6 months at the Proprietors’ expense for a 3 year period; Local Government (Miscellaneous Provisions) Act 1976 Part II Section 47 (i)
(ii) Maintenance records be produced every 6 months for inspection at the Council offices for a 3 year period for all vehicles listed in (i) above; Local Government (Miscellaneous Provisions) Act 1976 Part II Section 47 (i)
(iii) Hackney Carriage Vehicle licence no. 40 issued to Mrs G Quilter be suspended for a period of 7 days. Local Government (Miscellaneous Provisions) Act 1976 Part II Section 60 (i) (c).
5. On the 25 September 2001 a further letter was sent to Mrs G Quilter regarding Hackney Carriage Vehicle Licence No. 40 after defects were found following a spot check carried out on the 22 September 2001 which is attached at Appendix 4. Mrs G Quilter was again informed that if any defects on any of her vehicles were found, it would result in a report being submitted to the Licensing Committee.
LEGAL IMPLICATIONS
1. The Panel’s attention is drawn to Section 17 of the Crime and Disorder Act 1998 which requires local authorities to consider the community safety implications of ALL their activities. This is a corporate responsibility of the authority as a whole. Advice will be available during the course of the debate on any matters raised by the applicant or objectors.
2. Members are advised that this application should be considered against a background of the implications of the Human Rights Act 1998. The report does not include a recommendation, however, reasons have to be given for the decision reached by this Panel.
OPTIONS
(a) To issue a written warning with regards to Mr Jon Quilter’s future conduct as a licensed Hackney Carriage Proprietor.
(b) To extend their current additional conditions listed under Background 4 (i) , to 5 years instead of the present 3 years and amend the name of the Licensee to Mr J Quilter in relation to past resolutions.
(c) To suspend the Hackney Carriage/Private Hire Driver Licence No. 175 belonging to Mrs G Quilter and the Hackney Carriage/Private Hire Driver Licence no. 354 belonging to Mr A Quilter when renewed for 14 days.
(d) To suspend the Hackney Carriage Vehicle Licence No. 40 which is now in the names of Mrs G Quilter and Mr J Quilter for 14 days.
(e) Any other action the Panel consider to be reasonable.
RECOMMENDATIONS Members’ instructions are requested. |
BACKGROUND PAPERS
Hackney Carriage Vehicle file Nos. 37, 40 and 42 and Private Hire Vehicle Licence file Nos. 10 and 83.
ADDITIONAL INFORMATION
1. Members will be aware that on the 16 January 2001 a report was submitted as set out at Appendix 5.
2. At the time of writing the report Mr A Quilter has failed to renew his Hackney Carriage/Private Driver Licence although on more than one occasion the Licensing Section has been informed that he will be renewing it.
3. Mr J Quilter has been requested to attend the meeting with or without an advisor to answer any questions members may have, as stated in Background No. 1.
Contact Point: John Murphy, 823152
J Pulsford
Strategic Director of Finance and Information and County Treasurer
APPENDIX 2
ISLE OF WIGHT COUNCIL, ENVIRONMENTAL HEALTH SERVICE, ST NICHOLAS, 58 ST.JOHN’S ROAD, NEWPORT, ISLE OF WIGHT, PO30 1LT
LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976
PART II SECTION 60
NOTICE TO PROPRIETOR OF HACKNEY CARRIAGE VEHICLE
HACKNEY CARRIAGE PLATE NO. 40 REGISTRATION NO. C90 UDL
TO GENE QUILTER AND ALEXANDER QUILTER
OF 21 JOHN STREET, RYDE, ISLE OF WIGHT
I certify that I am not satisfied as to the fitness of the vehicle for use as a Hackney Carriage Vehicle for the following reasons:-
FAILED THE 6 MONTHLY COMPLIANCE TEST DUE TO THE STEERING RACK BEING DEFECTIVE.
You are hereby notified that in accordance with Section 60 of the Local Government (Miscellaneous Provisions) Act 1976 Part II your Hackney Carriage Vehicle Licence No. 40 is suspended from the date of this Notice until I am satisfied that your vehicle Registration No. C90 UDL is fit for use as a Hackney Carriage Vehicle.
Set out below is a copy of Section 60 of the Local Government (Miscellaneous Provisions) Act 1976 Part II:-
Section 60 - Suspension and revocation of vehicle licences
(1) Notwithstanding anything in the Act of 1847 or in this part of the Act, a district council may suspend or revoke, or (on application thereof under section 40 of the Act of 1847 or section 48 of this Act, as the case may be) refuse to renew a vehicle licence on any of the following grounds -
a) that the hackney carriage or private hire vehicle is unfit for use as a hackney carriage or private hire vehicle;
b) any offence under, or non-compliance with, the provisions of the Act of 1847 or of this Part of this
Act by the operator or driver; or
c) any other reasonable cause.
(2) Where a district council suspend, revoke or refuse to renew any licence under this section they shall give to the proprietor of the vehicle notice of the grounds on which the licence has been suspended or revoked or on which they have refused to renew the lcience within fourteen days of such suspension, revocation or refusal.
(3) Any proprietor aggrieved by a decision of a district council under this section may appeal to a magistrates’ court.
Dated this 23 JANUARY 2002 Signed _________________________________
JOHN MURPHY
SENIOR LICENSING OFFICER
APPENDIX 3
ISLE OF WIGHT COUNCIL, ENVIRONMENTAL HEALTH SERVICE, ST NICHOLAS, 58 ST JOHN’S ROAD, NEWPORT, ISLE OF WIGHT, PO30 1LT
LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976
PART II SECTION 60
NOTICE TO PROPRIETOR OF HACKNEY CARRIAGE
VEHICLE
HACKNEY CARRIAGE PLATE NO. 37 REGISTRATION NO. F237 DWD
TO GENE QUILTER
OF 21 JOHN STREET, RYDE, ISLE OF WIGHT
I certify that I am not satisfied as to the fitness of the vehicle for use as a Hackney Carriage Vehicle for the following reasons:-
FAILED THE COMPLIANCE TEST DUE TO WING REPEATER FAILURE, POWER STEERING FLUID LEAK, ENGINE OIL LEAK AND HANDBRAKE RESERVE.
You are hereby notified that in accordance with Section 60 of the Local Government (Miscellaneous Provisions) Act 1976 Part II your Hackney Carriage Vehicle Licence No. 37 is suspended from the date of this Notice until I am satisfied that your vehicle Registration No. F237 DWD is fit for use as a Hackney Carriage Vehicle.
Set out below is a copy of Section 60 of the Local Government (Miscellaneous Provisions) Act 1976 Part II:-
Section 60 - Suspension and revocation of vehicle licences
(1) Notwithstanding anything in the Act of 1847 or in this part of the Act, a district council may suspend or revoke, or (on application thereof under section 40 of the Act of 1847 or section 48 of this Act, as the case may be) refuse to renew a vehicle licence on any of the following grounds -
a) that the hackney carriage or private hire vehicle is unfit for use as a hackney carriage or private hire vehicle;
b) any offence under, or non-compliance with, the provisions of the Act of 1847 or of this Part of this
Act by the operator or driver; or
c) any other reasonable cause.
(2) Where a district council suspend, revoke or refuse to renew any licence under this section they shall give to the proprietor of the vehicle notice of the grounds on which the licence has been suspended or revoked or on which they have refused to renew the lcience within fourteen days of such suspension, revocation or refusal.
(3) Any proprietor aggrieved by a decision of a district council under this section may appeal to a magistrates’ court.
Dated this 29 MAY 2001 Signed _________________________________
JOHN MURPHY
SENIOR LICENSING OFFICER
APPENDIX 4
hc.ph/quilter
25 September 2001
Mrs G Quilter
Q Cars
21 John Street
RYDE
Isle of Wight
Dear Madam
REGISTRATION NUMBER C90 UDL
HACKNEY CARRIAGE VEHICLE IDENTITY PLATE NUMBER 40
I refer to an inspection carried out on the above vehicle in the early hours of 22 September 2001, at which time the following defects were observed:
1. The fire extinguisher was being carried in the boot.
2. The first aid kit was in the boot.
3. Both rear break lights were inoperative.
4. The driver was not wearing his identity badge.
I am aware that the vehicle was represented at 9.00 am on 24 September 2001 with regards to the faulty break lights, however, at that time one of the break lights was defective, all be it that it is a faulty electrical connection.
As you are no doubt aware I spoke to your husband, Mr Gordon Quilter, in the early hours of 22 September 2001 through the taxis radio system and informed him that although I had no intention of suspending the vehicle licence at that time the break lights should be attended to immediately.
Please ensure that a system to check all lights daily is put in place and recorded. Any future defects on any of your vehicles could result in a further report being submitted to the Council’s Licensing Committee.
If I can be of any further assistance please do not hesitate to contact me.
Yours faithfully
John Murphy
Senior Licensing Officer
APPENDIX 5
Purpose: For Decision
Committee: LICENSING COMMITTEE
Date: 16 JANUARY 2001
Title: TO CONSIDER WHETHER MRS G QUILTER AND MR A QUILTER ARE STILL FIT AND PROPER PERSONS TO HOLD HACKNEY CARRIAGE VEHICLE AND PRIVATE HIRE VEHICLE LICENCES.
REPORT OF THE DIRECTOR OF ENVIRONMENT SERVICES
SUMMARY/PURPOSE
To consider what action to take against Mrs. G Quilter and Mr A Quilter, of Q Cars 21 John Street, Ryde, Isle of Wight, proprietors of 3 Hackney Carriage Vehicle licences and 1 Private Hire Vehicle. Their Hackney Carriage Vehicle licence no. 42 was suspended on 29 June 2000 after failing the Council’s compliance test for faulty lights, steering suspension, brakes, tyres and oil leaks.
BACKGROUND
1. On the 8 December 2000 PC Plasins of the Hampshire Constabulary and the Council’s Senior Licensing Officer inspected Hackney Carriage Vehicle licence no. 40 on Ryde Esplanade taxi rank and found that the offside rear tyre was illegal.
2. The Hackney Carriage Vehicle licence no. 40 was immediately suspended by the Senior Licensing Officer until the vehicle was re-presented and passed the Council’s Certificate of Compliance Test.
3. The Committee’s attention is drawn to Section 17 of the Crime and Disorder Act 1998 which requires local authorities to consider the community safety implications of ALL their activities. This is a corporate responsibility of the authority as a whole. Advice will be available during the course of the debate on any matters raised by the applicant or objectors.
OPTIONS
(a) To issue a written warning with regards to their future conduct as licensed Hackney Carriage Proprietor and Private Hire Vehicle proprietors.
(b) To have their Hackney Carriage and Private Hire Vehicles pass a Certificate of Compliance test every 6 months at the Proprietors’ own expense.
(c) To produce maintenance records for all their Hackney Carriage and Private Hire Vehicles every 6 months for inspection at the Council Offices.
(d) To combine options b and c for a 3 year period.
(e) To suspend the Hackney Carriage Vehicle licence Nos. 37, 40 and 42 and Private Hire Vehicle licence no. 10 issued to Mrs G Quilter for a period determined by the Licensing Committee.
(f) To revoke the Hackney Carriage Vehicle licence nos. 37, 40 and 42 and Private Hire Vehicle licence no. 10 issued to Mrs G Quilter.
RECOMMENDATIONS
Members’ instructions are requested
BACKGROUND PAPERS
Hackney Carriage Vehicle file nos. 37, 40 and 42 and Private Hire Vehicle licence no. 10
ADDITIONAL INFORMATION
5. A Police prohibition notice preventing the vehicle from leaving Ryde Esplanade Taxi Rank could have been issued instead of the suspension notice.
6. On the 11 December 2000 the Hackney Carriage Vehicle licence no. 40 was presented for inspection at the Council’s nominated garage and failed. The inspection report is set out at appendix 1 which also informs members that it passed on the 13 December 2000.
7. The vehicle had been presented for the test with a defective offside front tyre, in addition to the offside rear tyre for which the suspension notice had been issued.
8. The Licensing Committee will be aware that Mrs G Quilter previously had her driving licence suspended for 7 days in December 1998. The previous report is set out at appendix 2 and it can be seen that tyres were again responsible for the matter being reported to the Licensing Panel.
9. A copy of statement from PC Plasins of the Hampshire Constabulary dated is set out at appendix 3.
10. A copy of statement from John Murphy, Senior Licensing Officer dated is set out at appendix 4.
11. Mrs G Quilter and Mr A Quilter have been requested to attend the meeting with or without an advisor to answer any questions members may have.
Contact Point: John Murphy, 823152 (1DD)
D W Jaggar
Director of Environment Services