PAPER B

Purpose : For Decision

Committee :    LICENSING PANEL

Date :              7 JUNE 2002

Title :              TO CONSIDER WHETHER MR F ALLEN IS STILL A FIT AND PROPER PERSON TO HOLD A HACKNEY CARRIAGE VEHICLE LICENCE

REPORT OF THE STRATEGIC DIRECTOR OF FINANCE AND INFORMATION AND COUNTY TREASURER

SUMMARY/PURPOSE

To consider whether Mr F Allen, of 2 Riboleau Street, Ryde, Isle of Wight is still a fit and proper person to hold a Hackney Carriage Vehicle Licence for non-payment of costs awarded to the Council following withdrawal of his appeal to the Isle of Wight Magistrates’ Court against the suspension of his Hackney Carriage Vehicle Licence.

BACKGROUND

1.        Members will be aware that on 7 September 2001 it was resolved to suspend Mr Allen’s Hackney Carriage Vehicle licence number 53/00 for one year for not being insured.

2.        In December 2001, Mr Allen withdrew his appeal to the Isle of Wight Magistrates’ Court, but was instructed by the Magistrates to pay the Council’s costs.

3.        The Council’s Legal Services informed the Senior Licensing Officer in April 2002 that no monies had been received from Mr Allen.

4.        A letter dated 29 April 2002 informing Mr Allen of the Senior Licensing Officer’s intention to submit a report to the Licensing Panel is set out at Appendix 1.

LEGAL IMPLICATIONS

1.        The Panel must consider Section 17 of the Crime and Disorder Act 1998 which requires local authorities to consider the community safety implications of ALL their activities. This will include all aspects of public safety and whether the applicant is considered to be a fit and proper person to hold a licence. Advice will be available during the course of the meeting 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 refuse to re-licence Hackney Carriage Vehicle Licence number 53 in Mr F Allen’s name when the suspension period expires.

(b)       To issue the Hackney Carriage Vehicle Licence number 53 to Mr F Allen with a written warning with regard to his future conduct as a Licensed Hackney Carriage Proprietor and Hackney Carriage/Private Hire Vehicle Driver.

(c)       To inform Mr F Allen that the Licence will only be issued when the Council’s Legal costs are paid in full.

(d)       Any other action the Panel consider reasonable.

BACKGROUND PAPERS

As attached

ADDITIONAL INFORMATION

1.        Mr F Allen has been a licensed Hackney Carriage/Private Hire Driver for at least 6 years.

2.        Mr F Allen’s licensed Hackney Carriage Vehicle plate number 53 is currently suspended until 6 September 2002.

3.        Mr F Allen has been requested to attend the meeting with or without an advisor to answer any questions members may have.

Contact Point: John Murphy, 823152

                                                                             JOHN PULSFORD

                                                                              Strategic Director

                                                                         Finance and Information