MINUTES OF A MEETING OF THE LICENSING PANEL HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON FRIDAY, 15 MARCH 2002 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

Apologies :

Mr J R Adams, Mr J Effemey, Mrs J White

Also Present (non voting) :

Mr R C Richards

 30.      MINUTES

RESOLVED :

THAT the minutes of the meeting held on 1 February 2002 be confirmed.

31.      REPORT OF THE STRATEGIC DIRECTOR OF FINANCE AND INFORMATION

           (a)       To Consider Whether Mr T M Webb is Still a Fit and Proper Person to Hold Hackney Carriage Vehicle Licences

The Strategic Director of Finance and Information reported that a vehicle, Hackney Carriage Vehicle Licence No. 150, operated by Mr T M Webb of Norman Baker Taxis, York Road, Sandown, Isle of Wight, had failed its 6 monthly compliance test on 18 February 2002. A suspension notice had been issued which included a list of the defects found on the vehicle.

Mr Webb when invited to put his case, indicated that he had been advised not to say anything. He confirmed that the Senior Licensing Officer had stated the facts of the case and did not dispute these.

The Council’s Senior Solicitor clarified with Mr Webb that his response had been based on legal advice that he had received. Mr Webb confirmed that it was and reiterated that he was quite happy with Mr Murphys statement as it had incorporated all the relevant information.

The Council’s Senior Solicitor advised Mr Webb that he did not appear to be offering any explanation or mitigation in his own defence and she was concerned as to the effect it would have on his Human Rights.

The Panel adjourned to enable the Senior Licensing Officer to seek advice from the Council’s Senior Prosecutions Solicitor on a way forward.

Upon reconvening the Senior Licensing Officer told the Panel that he had been advised that it could continue with the case, and that it could still ask questions of Mr Webb.

The Chairman asked Mr Webb if he wished to continue with the case, to which he replied that he would continue on the understanding that he would receive a fair hearing. The Council’s Senior Solicitor asked Mr Webb if he would prefer to adjourn the case to the next meeting of the Panel due to be held on 5 April 2002, when he could bring along a legal representative if he wished.

Mr Webb agreed that this would be acceptable.

RESOLVED :

THAT the case be adjourned to the next meeting of the Licensing Panel, due to be held on 5 April 2002.

           (b)       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

The Licensing Panel were reminded that this item had been deferred from the last meeting of the Panel, held on 1 February 2002, to enable Mrs G Quilter and Mr A Quilter to confirm in writing that Mr J Quilter would be representing them.

The Strategic Director of Finance and Information reported that Mrs G Quilter and Mr A Quilter of Q Cars, 21 John Street, Ryde, Isle of Wight, Hackney Carriage Vehicle Licence No. 40 had failed its 6 monthly compliance test. A suspension notice had been issued which included a list of the defects found on the vehicle.

Mr J Quilter explained the circumstances that related to the contravention and clarified a number of issues raised by the Panel.

The Panel adjourned to private session. Upon reconvening in public the applicant was advised that having heard all the evidence submitted by both the applicant and the Senior Licensing Officer and due to the improved maintenance system produced by the applicant it was :

RESOLVED :

                      (i)        THAT a written warning be issued to the proprietors of Q Cars of 21 John Street, Ryde, Isle of Wight with regard to their future conduct as Hackney Carriage Proprietors.

                      (ii)       THAT all vehicles licensed to Mrs G Quilter and Mr J Quilter, namely Hackney Carriage Vehicle Licence Nos. 37, 40 and 42 and Private Hire Vehicle Licence No. 10, licensed to Mrs G Quilter and Mr A Quilter, pass a certificate of compliance test every 6 months at the proprietors’ expense for a 3 year period with immediate effect.

                      (iii)       THAT the maintenance records be produced every 6 months for inspection at the Council offices for a 3 year period with immediate effect, for Hackney Carriage Vehicle Licence Nos. 37, 40 and 42 and Private Hire Vehicle Licence No. 10.

           (c)       Application for the Grant of a Street Trading Consent

(Mrs M A Jarman declared a non pecuniary interest in this item (as Portfolio Holder for Wight Leisure) and left the room).

The Strategic Director of Finance and Information reported that Mr W Vineer of 18 Azalea Avenue, Linford, Bordon, Hants trading as Wayne’s Whippy Ice Cream, had applied for a Street Trading Consent for 1 June 2002 to 31 August 2002.

Seven letters of objection had been received but there were no objectors present at the meeting.

The applicant outlined his case and clarified a number of issues raised by the Panel.

The Panel adjourned to private session. Upon reconvening in public the applicant was advised that having considered the evidence presented and the Panel took the view there were sufficient capacity outlets presently in existence and there was no evidence of unmet need. It was therefore :

RESOLVED :

                      (i)        THAT the application be refused.

                      (ii)       THAT the application fee in the sum of £228.00 be refunded to the applicant, as the sum of £50.00 had been retained for administrative costs.

32.      EXCLUSION OF PUBLIC AND PRESS

RESOLVED :

THAT under Section 100 (A)(4) if the Local Government Act 1972 the public and press be excluded from the meeting for the following item of business, namely Minute 33, on the grounds that there was likely to be disclosure of exempt information as defined in paragraphs 1 and 7 of Part 1 of Schedule 12A of the Act.

33.      TO CONSIDER WHETHER MR G LATH IS A FIT AND PROPER PERSON TO HOLD A HACKNEY CARRIAGE/PRIVATE HIRE DRIVER LICENCE

The Strategic Director of Finance and Information reported that Mr G Lath had applied for a Hackney Carriage/Private Hire Driver Licence. He gave an outline of the applicants’ previous history.

The applicant outlined his case and clarified a number of issues raised by the Panel.

The Panel adjourned to private session. Upon reconvening in public the applicant was advised that the Panel had listened carefully to all the evidence and taken into account the applicants’ previous driving convictions and also the recent Crown Court hearing and particularly the evidence from Hampshire Constabulary, contained in the report. Taking into account the Panel’s duties in respect for public safety it was therefore :

RESOLVED :

THAT the Council’s Senior Licensing Officers decision to refuse Mr G Lath a Hackney Carriage/Private Hire Driver Licence be upheld.

CHAIRMAN