PAPER B
Purpose: For Decision
Committee : LICENSING PANEL
Date : 5 APRIL 2002
Title : TO CONSIDER WHETHER MR T M WEBB IS STILL A FIT AND PROPER PERSON TO HOLD HACKNEY CARRIAGE VEHICLE LICENCES.
REPORT OF THE STRATEGIC DIRECTOR OF FINANCE AND INFORMATION
SUMMARY/PURPOSE
To consider what action to take against Mr. T. M. Webb, of Norman Baker Taxis, York Road, Sandown, Isle of Wight, a proprietor of 3 Hackney Carriage Vehicles. His Hackney Carriage Vehicle Licence No. 150 failed its 6 monthly compliance test on 18 February 2002.
BACKGROUND
1. Members may be aware that this item was deferred from the meeting on the 15 March 2002 to enable Mr T Webb to seek further legal advice.
2. On the 18 February 2002 Mr T Webb’s Hackney Carriage Vehicle Licence No. 150, registration No. G757 DVW failed its 6 monthly compliance test which resulted in the licence being suspended. A copy of the suspension notice listing the defects is set out at Appendix 1.
LEGAL IMPLICATIONS
1. The Panel’s attention is drawn to Section 17 of the Crime and Disorder Act 1998 which requires local authorities to consider the community safety implications of ALL their activities. This is a corporate responsibility of the authority as a whole. Advice will be available during the course of the debate on any matters raised by the applicant or objectors.
2. Members are advised that this application should be considered against a background of the implications of the Human Rights Act 1998. The report does not include a recommendation, however, reasons have to be given for the decision reached by this Panel.
OPTIONS
(a) To issue a written warning with regards to his future conduct as a licensed Hackney Carriage Proprietor.
(b) To extend Mr Webb’s current additional conditions listed under additional information, to 5 years instead of the present 3 years.
(c) To suspend the Hackney Carriage Vehicle Licence Nos. 150, 156 and 167 issued to Mr T M Webb for a period determined by the Licensing Panel.
(d) To revoke the Hackney Carriage Vehicle Licence nos. 150 156, and 167 issued to Mr T M Webb.
(e) Any other action the Panel consider to be reasonable.
RECOMMENDATIONS Members’ instructions are requested. |
BACKGROUND PAPERS
Hackney Carriage Vehicle file Nos. 150, 156 and 167.
ADDITIONAL INFORMATION
1. Members should be aware that on the 7 July 2000 a report was submitted as set out at Appendix 2.
2. The Committee resolved that on the grounds of public safety :
(i) a written warning be issued with regards to Mr T M Webb’s future conduct as licensed Hackney Carriage Proprietor.
(ii) all Mr T M Webb’s Hackney Carriage Vehicle’s pass a certificate of compliance test every 6 months at the Proprietors expense for a 3 year period; Local Government (Miscellaneous Provisions) Act 1976 Part II Section 47 (1)
(iii) maintenance records be produced for all Mr T M Webb’s Hackney Carriage Vehicles every 6 months for inspection at the Council offices for a 3 year period; Local Government (Miscellaneous Provisions) Act 1976 Part II Section 47 (1)
(iv) Hackney Carriage Vehicle nos. 105 and 167 issued to Mr T M Webb be suspended for a period of 14 days. Local Government (Miscellaneous Provisions) Act 1976 Part II Section 60 (1) (c).
3. Members should also be aware that on the 16 January 2001 a report was submitted as set out at Appendix 3 which resulted in Hackney Carriage Vehicle Licence No. 150 being suspended for a period of 14 days.
4. Mr T Webb has been requested to attend the meeting with or without an advisor to answer any questions members may have.
Contact Point: John Murphy, 823152
J PULSFORD
Strategic Director of Finance and Information
APPENDIX 1
ISLE OF WIGHT COUNCIL, ENVIRONMENTAL HEALTH SERVICE, ST. NICHOLAS, 58 ST JOHN’S ROAD, NEWPORT, ISLE OF WIGHT, PO30 1LT
LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976
PART II SECTION 60
NOTICE TO PROPRIETOR OF HACKNEY CARRIAGE
VEHICLE
HACKNEY CARRIAGE NO. 150 REGISTRATION NO. G757 DVW
TO TREVOR WEBB OF NORMAN BAKER TAXIS, YORK ROAD, SANDOWN, ISLE OF WIGHT
I certify that I am not satisfied as to the fitness of the vehicle for use as a Hackney Carriage Vehicle for the following reasons:-
FAILED 6 MONTH COMPLIANCE TEST ON ABS WARNING LIGHT ON, HANDBRAKE WARNING LIGHT ON, BRAKE PAD WARNING LIGHT ON AND EXCESSIVE PLAY IN JOINT OF OFFSIDE STEERING RACK
You are hereby notified that in accordance with Section 60 of the Local Government (Miscellaneous Provisions) Act 1976 Part II your Hackney Carriage Vehicle Licence No. 150 is suspended from the date of this Notice until I am satisfied that your vehicle Registration No. G757 DVW is fit for use as a Hackney Carriage Vehicle.
Set out below is a copy of Section 60 of the Local Government (Miscellaneous Provisions) Act 1976 Part II:-
Section 60 - Suspension and revocation of vehicle licences
(1) Notwithstanding anything in the Act of 1847 or in this part of the Act, a district council may suspend or revoke, or (on application thereof under section 40 of the Act of 1847 or section 48 of this Act, as the case may be) refuse to renew a vehicle licence on any of the following grounds -
a) that the hackney carriage or private hire vehicle is unfit for use as a hackney carriage or private hire vehicle;
b) any offence under, or non-compliance with, the provisions of the Act of 1847 or of this Part of this
Act by the operator or driver; or
c) any other reasonable cause.
(2) Where a district council suspend, revoke or refuse to renew any licence under this section they shall give to the proprietor of the vehicle notice of the grounds on which the licence has been suspended or revoked or on which they have refused to renew the licence within fourteen days of such suspension, revocation or refusal.
(3) Any proprietor aggrieved by a decision of a district council under this section may appeal to a magistrates’ court.
Dated this 18 FEBRUARY 2002_________________________________
JOHN MURPHY
SENIOR LICENSING OFFICER
APPENDIX 2
Purpose: For Decision
Committee: LICENSING COMMITTEE
Date: 7 JULY 2000
Title: TO CONSIDER WHETHER MR T M WEBB IS STILL A FIT AND PROPER PERSON TO HOLD HACKNEY CARRIAGE VEHICLE LICENCES.
REPORT OF THE DIRECTOR OF ENVIRONMENT SERVICES
SUMMARY/PURPOSE
To consider what action to take against Mr. T. M. Webb, of Norman Baker Taxis, York Road, Sandown, Isle of Wight, a proprietor of 5 Hackney Carriage Vehicle licences. His vehicle licences have been suspended on 5 occasions after failing the Council’s Compliance test. On more than one occasion his vehicles have been presented for licensing with the taxi meter seal having been removed.
BACKGROUND
1. On the 4 March 1999 a letter was sent to Mr T M Webb from the Senior Licensing Officer informing him that his vehicles would appear to be falling below the Council’s expected standards as set out at appendix 1.
2. On the 31 March 1999 a letter was sent to Mr T M Webb from the Licensing Enforcement Officer regarding the meter seal being removed as set out at appendix 2.
3. Since 1995 Mr Webb’s vehicle licences have been suspended 5 times on failing the Council’s Certificate of Compliance and on 3 occasions the meter seal had been removed A list of all failures is set out at appendix 3.
OPTIONS
(a) To issue a written warning with regards to his future conduct as a licensed Hackney Carriage Proprietor.
(b) To have all Mr T M Webb’s Hackney Carriage Vehicles pass a Certificate of Compliance test every 6 months at the Proprietors expense.
(c) To produce maintenance records for all his Hackney Carriage Vehicles every 6 months for inspection at the Council offices.
(d) To combine options b and c for a 3 year period.
(e) To suspend the Hackney Carriage Vehicle licence Nos. 105, 133, 150, 156 and 167 issued to Mr T M Webb for a period determined by the Licensing Committee.
(f) To revoke the Hackney Carriage Vehicle licence nos. 105, 133, 150 156, and 167 issued to Mr T M Webb.
RECOMMENDATIONS
Members’ instructions are requested.
BACKGROUND PAPERS
Hackney Carriage Vehicle files nos. 104, 105, 133, 150, 156 and 167
ADDITIONAL INFORMATION
6. Mr T M Webb has been requested to attend the meeting with or without an advisor to answer any questions members may have.
Contact Point: John Murphy, 823152 (1DD)
D W JAGGER
Director of Environment Services
APPENDIX 3
Purpose: For Decision
Committee: LICENSING COMMITTEE
Date: 16 JANUARY 2001
Title: TO CONSIDER WHETHER MR T M WEBB IS STILL A FIT AND PROPER PERSON TO HOLD HACKNEY CARRIAGE VEHICLE LICENCES.
REPORT OF THE DIRECTOR OF ENVIRONMENT SERVICES
SUMMARY/PURPOSE
To consider what action to take against Mr. T. M. Webb, of Norman Baker Taxis, York Road, Sandown, Isle of Wight, a proprietor of 3 Hackney Carriage Vehicle licences. His Hackney Carriage Vehicle licence no. 150 was found to be in breach of Hackney Carriage Vehicle licence condition no. 16 at 21.55 p.m on the 8 December 2000 in High Street, Sandown.
BACKGROUND
1. On the 8 December 2000 the Council’s Senior Licensing Officer along with two Officers of the Hampshire Constabulary inspected 26 Hackney Carriage Vehicles one of which was hackney carriage vehicle licence no. 150 belonging to Mr T M Webb of Norman Baker Taxis.
2. The vehicle was stopped by PC Plasins of the Hampshire Constabulary. On inspection the spare tyre in the boot was found to be in breach of the Council’s Hackney Carriage Vehicle licence condition no. 16 as it was illegal for road use.
3. Set out below is Hackney Carriage Vehicle licence condition no. 16:-
“A Hackney Carriage Vehicle must at all times carry in that vehicle a spare wheel and tyre both of which must meet the legal requirements with regard to motor vehicles”.
4. The Committee’s attention is drawn to Section 17 of the Crime and Disorder Act 1998 which requires local authorities to consider the community safety implications of ALL their activities. This is a corporate responsibility of the authority as a whole. Advice will be available during the course of the debate on any matters raised by the applicant or objectors.
OPTIONS
(a) To issue a written warning with regards to his future conduct as a licensed Hackney Carriage Proprietor.
(b) To extend Mr Webb’s current additional conditions listed under additional information, to 5 years instead of the present 3 years.
(c) To suspend the Hackney Carriage Vehicle licence Nos. 150, 156 and 167 issued to Mr T M Webb for a period determined by the Licensing Committee.
(d) To revoke the Hackney Carriage Vehicle licence nos. 150 156, and 167 issued to Mr T M Webb.
RECOMMENDATIONS
Members’ instructions are requested
BACKGROUND PAPERS
Hackney Carriage Vehicle files nos. 150, 156 and 167
ADDITIONAL INFORMATION
5. Members will be as aware that on the 7 July 2000 a report was submitted as set out at appendix 1.
6. The Committee resolved that on the grounds of public safety:-
(i) a written warning be issued with regards to Mr T M Webb’s future conduct as licensed Hackney Carriage Proprietor.
(ii) all Mr T M Webb’s Hackney Carriage Vehicle’s pass a certificate of compliance test every 6 months at the Proprietors expense for a 3 year period; Local Government (Miscellaneous Provisions) Act 1976 Part II Section 47 (1)
(iii) maintenance records be produced for all Mr T M Webb’s Hackney Carriage Vehicles every 6 months for inspection at the Council offices for a 3 year period; Local Government (Miscellaneous Provisions) Act 1976 Part II Section 47 (1)
(iv) Hackney Carriage Vehicle nos. 105 and 167 issued to Mr T M Webb be suspended for a period of 14 days. Local Government (Miscellaneous Provisions) Act 1976 Part II Section 60 (1) (c).
7. A copy of the statement from PC Plasins of the Hampshire Constabulary dated is set out at appendix 2.
8. A copy of the statement from John Murphy, Senior Licensing Officer dated is set out at appendix 3.
9. Mr T M Webb has been requested to attend the meeting with or without an advisor to answer any questions members may have.
Contact Point: John Murphy, 823152 (1DD)
D W JAGGAR
Director of Environment Services