MINUTES OF A MEETING OF THE LICENSING PANEL COMMITTEE HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON 17 OCTOBER 2003 COMMENCING AT 10.00 AM

 

Present :

 

Mr C B W Chapman (Chairman), Mr J R Adams, Mr M J Cunningham, Mr J F Howe, Mrs M J Lloyd, Mr A J Mundy, Mr R C Richards, Mrs J White

 

Apologies :   

 

                        Mr J Effemey, Mrs M A Jarman, Mr R G Mazillius

 

 


16.             MINUTES

 

RESOLVED :

 

THAT the Minutes of the meeting held on 19 September 2003 be confirmed.

 

17.             DECLARATIONS OF INTEREST

 

There were no declarations of interest made at this stage.

 

18.             REPORTS OF THE HEAD OF CONSUMER PROTECTION

 

(a)               To consider whether Mr D Mills is a Fit and Proper Person to continue to hold a Hackney Carriage/Private Hire Driver’s Licence

 

The Senior Solicitor, in view of the possible serious consequences of the case, confirmed with the applicant that he was aware of his right to obtain legal representation.

 

The Head of Consumer Protection referred to his report setting out details of an incident leading to the conviction, of Mr D Mills, of Actual Bodily Harm for assaulting another taxi driver and of the sentence received.  Members were reminded that the Council’s Policy in relation to the granting of a Hackney Carriage/Private Hire driver’s licence was the Guidelines to the Relevance of Convictions as issued by the Department of Transport.  The Council’s policy showed that for an offence involving violence, a person should be able to show at least three years free of convictions. 

 

Mrs Mills, the applicant’s representative and the applicant presented their case to the Panel.  Mr Mills clarified that he had no record of previous convictions and had held a clean driving licence since 1991.

 

The Panel adjourned to private session.  Upon reconvening in public it was indicated that the Panel, having heard the evidence presented and having taken into account their paramount concern for public safety, and supported by Council policy direction that any person should be free of any conviction for


 

 

violence, for three years, before an application to hold a licence was entertained, it was considered that revocation was the proportionate decision and in accordance with the Council’s legitimate aim.

 

The Panel were also of the view that, notwithstanding their decision, once Mr Mills had successfully completed his anger management course it would be open for him to approach the Licensing Officer again with a further application for a Hackney Carriage/Private Hire driver’s licence.

 

RESOLVED :

 

            THAT Mr D Mill’s, Hackney Carriage/Private Hire Driver’s licence be revoked, as he was no longer considered to be a fit and proper person to hold such a licence, due to being convicted of an offence involving violence.

 

(b)               To consider whether Mr M D Alston is a Fit and Proper Person to continue to hold a Hackney Carriage/Private Hire Driver’s Licence

 

The report of the Head of Consumer Protection was received, which provided the background to Mr Mark Alston’s appearance before the Panel.  The Panel was reminded that Mr Alston had appeared before them on 19 July 2002. The Panel had then resolved that, following the results of a CRB check, a Hackney Carriage/Private Hire drivers licence be issued with a written warning and for a period of 6 months only, with a review after that time, followed by another 6 months with a review, followed by one year, with a review.   Mr Alston had also been informed, in writing, that should he appear before the Panel again it would be viewed extremely seriously.  On 22 August 2003, Mr Alston was convicted of the possession of cannabis.

 

The Head of Consumer Protection advised the Panel that, due to family illness, Mr Alston was not able to attend the meeting.  However, in view of the seriousness of the offence the Panel was requested to give consideration to suspending Mr Alston’s licence until the next meeting of the Licensing Panel, being 3 November 2003.

 

The Panel adjourned to private session.  Upon reconvening in public it was indicated that, having considered the report and the facts set out by the Licensing Officer, the Panel felt the need to uphold public interest and public safety and ensure that Mr Alston was not putting persons at risk in the light of his conviction.  This step was considered to be proportionate and in accordance with the Council’s legitimate aim.

 

RESOLVED :

 

THAT, in the absence of Mr M Alston, due to family illness, the Panel agreed to suspend Mr Alston’s Hackney Carriage/Private Hire Driver’s licence until the next meeting of the Licensing Panel, being 3 November 2003.

 

 

 

 

 

(c)               To review the Isle of Wight Council’s Hackney Carriage of Table of Fares

 

The report of the Head of Consumer Protection provided the background to the request received, on 6 August 2003, from the Isle of Wight Taxi Proprietors Association (IWTPA) for a review of the Isle of Wight Council’s Hackney Carriage Table of Fares.  No increase in fares had been granted since 1997. Following four previous formal consultations with the taxi trade upon requests for a Hackney carriage fares review, the most recent consultation now showed that the majority of people responded favourably. 

 

Members were informed that the National Private Hire Association (NPHA) collated a league table of fares, based on charges for a 1 and 2 mile journey only.  This was published in their official newspaper, the Private Hire and Taxi Monthly, and indicated that the Isle of Wight was currently 54th out of the 376 Local Authorities, in the UK, who had provided details of their Council’s fare structure. Officers had drawn up a counter proposal and this, together with examples from the existing table of fares and the IWTPA’s proposed fares, were attached to the report.  Members noted that if they were minded to approve the proprietors request, the IW Council fares would become the second highest in the league table.  Approval of the officers’ proposal would take the IW Council to 29th in the table.  The licensing officer highlighted that the taxi trade was the only area over which the Council had control of fares.  In some local authorities, market forces determined the level. 

 

Mrs J Rounsevell, Mr D White and Mr I Porter represented the IWTPA.   All parties agreed that the discussions should continue in the public domain.

 

The Panel was circulated with Enclosures 6 – 10 of the application (Appendix 1 of the report) by the IWTPA for a fare increase in 2003.

 

Mrs J Rounsevell, Mr Porter and Mr Sussex (on behalf of Mr White) presented the case of the IWTPA.  The IWTPA was not in favour of setting their own fares. Their reasons in support of the Council to continue to regulate the fare structure were explained.   Details of the number of taxi proprietors and taxi drivers who had expressed support for the review were also outlined.

 

The Panel adjourned to private session.  Upon reconvening in public it was indicated that the Panel were not satisfied with either set of figures.  The Panel recognised the need for an increase in fares, particularly in short journeys.  However, concern had been shown over the use of the taxi service by the elderly, during the day and by the young, at night and the acceptance by the trade of the fact that longer journeys were more cost effective.

 

RESOLVED :

 

THAT, if the trade still wished the Isle of Wight Council to regulate their fare structure, the Isle of Wight Taxi Proprietors Association and the Licensing Officer be requested to continue to negotiate, with a view to reaching an acceptable compromise, which can be brought back to the Panel at the earliest opportunity.

 

                                                                                   

CHAIRMAN