Licensing Panel Minutes - 25 April 2003

1. MINUTES

RESOLVED :

THAT the Minutes of the meeting held on 14 March 2003 be confirmed.

2. DECLARATIONS OF INTEREST

There were no declarations of interest at this stage.

3. MR PAUL ROSENBERG

The Chairman reported on the recent tragic death of Mr Paul Rosenberg, a taxi driver, in Cowes during the early hours of Thursday morning. On behalf of the Panel the Chairman expressed his deepest sympathy to the family and friends of Mr Rosenberg. Mr Sharpe, a taxi proprietor who was present at the meeting, agreed to convey the Council’s condolences to his colleagues.

RESOLVED :

THAT it be placed on record the sincere regret of members of the Licensing Panel at the death, on 24 April 2003, of Mr Paul Rosenberg, a local taxi driver, and that the Panel’s condolences be conveyed to his family, friends and colleagues.

4. URGENT BUSINESS

With regard to the appeal against Private Hire vehicle Licence Conditions in respect of an ex fire appliance, to be considered later on in the agenda, the Panel were requested to adjourn to view a similar type of Fire and Rescue appliance, in order that the vehicle could be returned to active duty without any undue delay.

RESOLVED :

THAT prior to the commencement of the days’ business, the Panel view the Fire and Rescue appliance available for inspection.

Upon reconvening, Mr Mundy declared a personal interest in Minute No 5 (b) as he and the applicant were members of the same club.

5. REPORTS OF THE STRATEGIC DIRECTOR OF ENVIRONMENT SERVICES

(a) Appeal against a Private Hire Vehicle Licence Conditions which Prevent the Licensing of a Land Rover Defender 110 for up to 8 Passengers

The Strategic Director referred to the appeal submitted by Ms A Faber of Ice Cream Cottage, 11 The Esplanade, Shanklin against the Senior Licensing Officer’s refusal to grant a licence for a Land Rover Defender 110, for up to 8 passengers. A further written submission by the appellant had been circulated to the Panel, under separate cover to the agenda and a letter, dated 24 April 2003, from Land Rover UK was tabled for consideration.

The Panel were reminded that licence conditions had been waived previously with regard to condition No 14, paragraphs a, b, d and e. Side facing seats had also been licensed in American limousines, however, unlike this vehicle they did not tip up. Members were informed that tip-up seats faced to the rear of the vehicle in London-type taxis.

The appellant was present, together with Mr Farmiloe, of Snows garage, and outlined the case and the reasons for the appeal. The Panel noted that following an approach by the appellant, an insurance company had indicated the need for all children aged 14 years and under to be restricted to sitting in the middle row of the vehicle only. The appellant confirmed her intention to have a roof rack attached to the vehicle to facilitate the transport of equipment etc. The appellant also agreed to undertake a risk assessment of her proposed business plan and stated that it was not her intention to apply, at a future date, for a Hackney Carriage Vehicle licence.

The Panel adjourned to private session. Upon reconvening in public it was indicated that the Panel, after noting the evidence presented by officers, the appellant and her supporter, acknowledged that the Land Rover Defender 110 was a generally safe vehicle, eminently suitable for outdoor pursuits. The Panel, however, was not satisfied that the side-facing fold down seats, in the rear of the vehicle, were adequate to ensure the safety of the public. The Panel considered that this was not a case where the Councils’ standard licence condition No 14 could be waived in relation to side-facing seats, tip-down seats or rear passenger access.

RESOLVED :

THAT a Private Hire Vehicle licence for a Land Rover Defender 110, for up to 4 passengers only, be granted to Ms A Faber, of Ice Cream Cottage, 11 The Esplanade, Shanklin.

(b) Appeal against a Private Hire Vehicle Licence Conditions which Prevent the Licensing of an Ex Fire Appliance

The Strategic Director reported on the application received for the grant of a Private Hire Vehicle licence for an ex fire appliance from Mr S Sharpe, of 44 Victoria Road, Newport. The Senior Licensing Officer had refused the application, on the grounds that it was not in the interest of public safety to licence such a vehicle using delegated authority. The Panel were advised that the vehicle, outlined in the application, might be subject to change but would be of a type, similar to the vehicle viewed. Approval was also now being sought for a licence for up to 5 passengers. The Isle of Wight Fire and Rescue Service had indicated that a L.G.V driver’s licence would be required, as had the Traffic Education Officer and the Police. The Panel noted the responses of other Local Authorities in England and Wales as to whether previous licences had been issued for such a vehicle.

Mr Sharpe, the applicant was present and outlined his case and the planned modifications to adapt the vehicle for its intended use. In addition, Mr Sharpe indicated that he was in possession of a current L.G.V drivers licence and would be the sole driver of the vehicle. It was confirmed that a risk assessment had been undertaken.

The Panel adjourned to private session. Upon reconvening in public it was indicated that, after having examined a similar vehicle to the fire appliance concerned, the Panel noted the submission of officers and the applicant. The Panel considered that the vehicle was appropriate to the legitimate aim of the Council’s licensing policy and the safety of the public was sufficiently protected by the conditions imposed.

RESOLVED :

THAT a Private Hire Vehicle licence be granted for a decommissioned Fire and Rescue appliance for up to 5 passengers to Mr S Sharpe, of 44 Victoria Road, Newport, subject to the vehicle passing the Council’s Certificate of Compliance Test and the following conditions:

(i) That the vehicle be fitted with a speed limiter limiting the vehicles’ speed to 56 mph and that this device should not be capable of being overridden;

(ii) That steps to be installed on both passenger doors to facilitate access;

(iii) That the vehicle shall not be used for private hire purposes until the Senior Licence Officer has inspected and approved the modifications to the rear seats;

(iv) That the offside rear seats passenger door shall be used only as an emergency exit.

CHAIRMAN