Licensing Panel Minutes - 3 November 2003

19. MINUTES

RESOLVED :

THAT the Minutes of the meeting held on 17 October 2003 be confirmed.

20. DECLARATIONS OF INTEREST

There were no declarations of interest made at this stage.

21. REPORTS OF THE HEAD OF CONSUMER PROTECTION

(a) To consider the appeal against the Private Hire Vehicle Licence Conditions which prevent the licensing of a Mercedes V Class for up to a maximum of 6 passengers and to be granted permission to display the Executive style Private Hire identity plate

The report of the Head of Consumer Protection was received with regard to the appeal, by Mr and Mrs W Rounsevell, against the refusal to grant a Private Hire Vehicle licence, for up to 6 passengers, for a Mercedes V Class, registration number RF52 NVP, due to the fact that the vehicle did not comply with the Council’s licence conditions. Should the appeal be upheld the applicants also wished to be granted an exemption from displaying the Council’s standard identity plate and to instead be permitted to display the Council’s executive-style plate.

The licensing officer explained the Council’s policy in respect of Private Hire Vehicle licence applications, in particular condition No 14 (d), which related to tip-up seats. The Panel noted that the senior licensing officer had no objections to the approval of an Executive style plate for up to a maximum of 5 passengers.

The Panel adjourned to view the vehicle. Upon reconvening, the Panel raised a number of questions with regard to the existing policy and with regard to safety aspects concerning the egress from the rear seats.

Mr & Mrs W Rounsevell, the applicants were present and presented their case.

The Panel adjourned to private session. Upon reconvening in public, it was indicated that the Panel had taken the opportunity to view the vehicle and had carefully considered all safety aspects in reaching their decision, which was considered to be proportionate and in accordance with the Council’s legitimate aim.

RESOLVED :

That Mr and Mrs Rounsevell be granted a Private Hire Vehicle licence for up to a maximum of 6 passengers and be permitted to use the Executive style plate, subject to the following additional conditions:

(i) That there shall be dimmed lights in the vehicle at all times when the vehicle is in use for private hire;

(ii) That the levers/switches indicating the central row of seats operation be marked by a luminous material;

(iii) That there be a written/visual/diagrammatic explanation of the operation of the rear seats and for this to be clearly visible to all passengers in the rear seats.

(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 Panel were circulated with a number of personal references for Mr Alston submitted by the applicant’s legal representative.

Mr J A Adams declared a personal interest, as he knew some of the persons who had provided personal references for Mr Alston.

The report of the Head of Consumer Protection provided the background to Mr Alston’s case, leading up to his conviction, in the Crown Court, of the offence of possession of cannabis, on 22 August 2003. Members were reminded that at the last meeting, in the absence of Mr Alston due to family illness, the Panel had agreed to suspend his Hackney Carriage/Private Hire Driver’s licence until the day’s meeting. Mr Alston had subsequently appealed to the Magistrates Court. Members were reminded of the Council’s Policy, which stated that, in granting a Hackney Carriage/Private Hire Driver’s Licence following a drug-related offence, a person should be able to show a period of at least three years free of convictions.

The senior solicitor highlighted to the Panel the matters needed to be considered under the Human Rights Act 1998. Namely three convention rights, these being Article 6 – Right to a fair trial, Article 8 – Right to respect for private and family life and Article 1 of the first protocol – Peaceful enjoyment of their own possessions.

The Panel adjourned to enable the applicant and his legal representative sufficient time to read the report of the Head of Consumer Protection. Upon reconvening the applicant and his legal representative agreed to continue with the case.

During discussions it was moved and seconded that the public and press be excluded from the meeting.

The senior solicitor read out the contents of the witness statement, provided by the investigating police officers, detailing the circumstances that led to the charges and subsequent conviction of Mr Alston.

The applicant’s legal representative read out the letters providing personal references for Mr Alston and addressed the Panel with regard to the circumstances of the case. The applicant was also present and responded to members’ questions.

The Panel adjourned to private session.

Upon reconvening in public it was indicated that the Panel had taken into account all the evidence presented before them. They felt that they had to take heed of the Council’s policy which indicated that any applicant with a conviction for a drug related offence should be required to show a period, of at least 3 years free of convictions, before an application could be entertained. The time selected by the Panel reflected their concern for public safety and their understanding of the evidence presented to them.

RESOLVED :

THAT Mr M Alston’s Hackney Carriage/Private Hire Drivers’ Licence be suspended for a period of 3 months.

CHAIRMAN