Minutes of the meeting of the Licensing Panel held on 5 December 200

33. MINUTES

RESOLVED :

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

34. DECLARATIONS OF INTEREST

There were no declarations of interest at this stage.

35. REPORTS OF THE STRATEGIC DIRECTOR OF FINANCE AND INFORMATION AND COUNTY TREASURER

(a) Application by Mr J Ball for a Hackney Carriage Licence in respect of a Ford Tourneo which does not comply with the Council’s Hackney Carriage Vehicle Licence Conditions

The Strategic Director referred to the application submitted by Mr J Ball of High Park Road, Ryde for the grant of a Hackney Carriage licence for a Ford Tourneo. It was reported that the vehicle did not comply with the Council’s current Hackney Carriage Vehicle licence conditions 15(a) and 15(b) which stated that passenger entry and exit doors should be on the nearside of the vehicle only and that no passenger entry or exit doors be permitted at the rear or on the offside of the vehicle except for emergency exits and wheelchair access. The applicant had agreed to use the offside door only in an emergency and had put signs on the door to this effect. The Panel were made aware that the Hackney Carriage and Private Hire vehicle licence conditions were currently under review and also that previous models of the Ford Tourneo and Ford Transits and other vehicles, of a similar type, had previously been licensed. The Police had not submitted any objections. The Panel were in accord to not view the vehicle concerned. The applicant was present and outlined his case.

The Panel, after adjourning to private session indicated that the vehicle in question was considered to be suitable for use by the applicant. The Panel also felt that the Senior Licensing Officer should be granted delegated authority to be able to use his discretion when considering other similar applications without recourse to the Panel, unless he felt it to be necessary.

RESOLVED :

i. THAT approval be granted to issue a Hackney Carriage licence for a Ford Tourneo and Ford Transit models with offside passenger entry doors;

ii. THAT the standard condition relating to offside passenger doors on minibuses be removed from the Isle of Wight Councils Hackney Carriage vehicle license standard conditions, so to allow the Senior Licensing Officer to grant licenses for similar vehicles, if considered appropriate.

(b) To consider whether Mr A D Penn is a fit and proper Person to hold a Hackney Carriage/Private Hire Driver’s Licence

The Panel were reminded that Mr A D Penn of 6 Albert Road, Shanklin had appeared before the Panel on 22 May 2001 when it had been resolved to revoke his Hackney Carriage/Private Hire Driver licence. The Panel were advised that Mr Penn had been clear of conviction since 19 April 2001 and now wished to re-apply for a Hackney Carriage/Private Hire Driver licence.

Mr Penn was present and circulated four letters of reference in support of his case.

The Panel adjourned to private session whereupon the applicant provided details of his previous convictions and gave reasons as to why he was applying for a licence within the timescale outlined in the Council’s Guidelines relating to the relevance of convictions. Mr Penn confirmed that he had received an offer of employment should the Panel be minded to approve his application.

The Panel adjourned to private session and upon reconvening in public indicated that after listening to Mr Penn’s representations felt that there was no compelling reason to grant a licence less than two years after a conviction for an offence of dishonesty. The Panel were mindful of the Isle of Wight Council’s Guidelines relating to the relevance of past convictions. They were also of the view that the public rely on Hackney Carriage/Private Hire drivers and therefore must have faith that they are fit and proper people to hold such licences.

RESOLVED :

THAT Mr A D Penn be refused a Hackney Carriage/Private Hire driver licence.

The Strategic Director reported on the re-application for the grant of a Public Entertainment Licence for Chapter 1, 7 Palmerstone Road, Shanklin, which had previously been refused at the meeting of the Panel, on 5 December 2002. A copy of an Accoustic report undertaken by Southdowns Environmental Consultants Ltd had been received and circulated to members of the Panel under separate cover to the agenda. Officers from the Council’s Environmental Health were in attendance in order to explain the technical detail of the report and to answer any members questions.

The applicant, Mr Bodenham was present and confirmed a change to the times requested. The application was now requested for the times :

Monday to Saturday : 12.00 hours – 23.00 hours

Sunday : 12.00 hours – 22.30 hours

The Strategic Director advised the Panel that in the light of the amended times the need for a Special Hours certificate was now no longer applicable. One further letter of objection had been received from an original objector and also a letter from the local member setting out reasons for opposing the application. The Hampshire Constabulary had confirmed that they had no objections to the application, as a result of the reduced hours, but wished to reserve the right to review the situation should there be any further changes.

Cllr Fleming addressed the Panel on behalf of the local member.

The Panel adjourned to private session. Upon reconvening in public the Panel indicated that, in view of the evolving nature of the application, determination of the matter should be adjourned to a future meeting. The application could then be re-advertised in order to allow potential objectors and supporters to address the new hours requested.

RESOLVED :

THAT consideration of the application for the Grant of a Public Entertainment Licence for Chapter 1, 7 Palmerston Road, Shanklin be adjourned until the meeting of the Panel, scheduled for 14 March 2003, to allow time for the advertisement of the new requested hours.

CHAIRMAN