MINUTES OF A MEETING OF THE LICENSING COMMITTEE HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON FRIDAY, 7 SEPTEMBER 2001 COMMENCING AT 10.00 AM

Present :

Mr C B W Chapman (Chairman), Mr J R Adams (for Minute 10 (a) and (b)), Mr J A Bowker, Mr J Effemey, Mrs M J Lloyd, Mr A J Mundy, Mrs J White

Also Present (non voting) :

Mr E Fox

RESOLVED :

THAT the minutes of the meeting held on 10 August 2001 be confirmed.

7. DECLARATIONS OF INTEREST

An interest in Minute 10 (g) was declared by Mr J Effemey.

8. URGENT BUSINESS - PROCEDURAL MATTERS

The Chairman agreed to an item of urgent business on procedural matters as this had an effect on the items due to be considered later in the meeting. Due to the legal nature of this it would be necessary to exclude the public and press.

RESOLVED :

THAT under Section 100(A)(4) of the Local Government Act 1972 the public and press be excluded from the meeting for the following item of business, namely Minute 9, on the grounds that there was likely to be disclosure of exempt information as defined in paragraph 12 of Part 1 of Schedule 12A of the Act.

9. PROCEDURAL MATTERS

(a) Legal Advice

The Director of Corporate Services outlined the background to the procedures used for dealing with Hackney Carriage Vehicle Licence applications, recent discussions by the Fire and Public Safety Select Committee and the decision of the Executive. Members discussed various options open to them in the light of representations received and were advised that this was the first time since Unitary Authority that the Trade had come to a Licensing meeting to object on such applications.

The public and press were then re-admitted to the meeting.

RESOLVED :

THAT the applicants be informed that written representations had been received prior to the start of the meeting and be made aware that objectors may wish to verbally object. The applicants be given a copy of the written objections with 15 minutes to read them and then be given the opportunity to either proceed with their application or ask for a deferment to the next meeting of the Committee to be held on 12 October 2001.

(b) Receipt of Written Objections

Upon reconvening the applicants were all supplied with copies of the written objections that had been received that morning and given 15 minutes in which to read them.

The Director of Corporate Services asked :

(i) Mr D J Sussex of 35 Hogan Close, Newport, Isle of Wight if he wanted to continue with his application for the Grant of a Hackney Carriage Vehicle Licence for the former Urban District of Cowes.

Mr D J Sussex declined the offer and asked for the application to be deferred to the meeting due to be held on 12 October 2001.

(ii) Mr D J Sussex of 35 Hogan Close, Newport, Isle of Wight if he wanted to continue with his application for the Grant of a Hackney Carriage Vehicle Licence for the former Borough of Newport.

Mr D J Sussex informed the Committee he was willing for the application to be heard.

(iii) Mr B H J and Mrs R M Martin of 21 Church Road, Gurnard, Isle of Wight if they wanted to continue with their application for the Upgrade of a Hackney Carriage Vehicle Licence for the former Urban District of Cowes.

Mr B H J and Mrs RM Martin informed the Committee they were willing for the application to be heard.

(iv) Mr S C Sharpe of 44 Victoria Road, Newport, Isle of Wight if he wanted to continue with his application for the Grant of a Hackney Carriage Vehicle Licence for the former Borough of Newport.

Mr S C Sharpe informed the Committee he was willing for the application to be heard.

(v) Mr G C Barron of 15 Brookfield Gardens, Ryde, Isle of Wight if he wanted to continue with his appeal against the Council to defer an application for a Hackney Carriage Vehicle Licence for a Suitably Adapted Vehicle for Disabled use in the former Borough of Ryde.

Mr G C Barron informed the Committee he was willing for the application to be heard.

The Director of Corporate Services advised that any representations relating to the item that had been deferred should be submitted in writing to the Council no later than 4 October 2001, to enable these to be sent out with the Committee report. Only persons submitting written representations would be allowed to speak at the meeting when the application is heard.

RESOLVED :

THAT the applications in respect of Mr D J Sussex, in respect of the application for the former Borough of Newport, Mr and Mrs B H J Martin, Mr S C Sharpe and Mr G C Barron be proceeded with at this meeting.

10. REPORT OF THE DIRECTOR OF ENVIRONMENT SERVICES

(a) Application for the Grant of a Hackney Carriage Vehicle Licence for the Former Urban District of Cowes

Mr D J Sussex of 35 Hogan Close Newport, Isle of Wight had been asked if he wanted to continue with his application for a Hackney Carriage Vehicle Licence for the Former Borough of Cowes. He had declined the offer and asked for the application to be deferred to the meeting due to be held on 12 October 2001.

RESOLVED :

THAT the item be deferred to the meeting due to be held on 12 October 2001.

(b) Application for the Grant of Hackney Carriage Vehicle Licence for Former Borough of Newport

The Director reported on an application for the grant of a new Hackney Carriage Vehicle Licence from Mr D J Sussex, 35 Hogan Close, Newport, Isle of Wight, for a vehicle for the former Borough of Newport.

The Committee were advised of the number of Hackney Carriage Vehicle Licences held in Newport and the total number of rank spaces. Members were reminded that a summer and winter survey had been carried out in 1997 and 1998, a discussion had been held with the consultant who had carried out the original survey and it was his opinion that because of the new facilities in the Newport area it could affect the result of a new survey.

Three letters of objection had been received immediately prior to the meeting, although they were not aimed at any specific application and two of these objectors were present and outlined the basis of their concerns in relation to the issue of Hackney Carriage Vehicle Licences. Three other objectors were present and submitted their representations orally to the Committee.

The applicant referred to the fact that two new venues were soon to be opened in Newport and he anticipated that this would create more work. He also indicated that there was no late night bus service to coincide with the closing time of the cinema or Chicago Rock.

The Committee adjourned to private session. Upon reconvening in public it was indicated that the Committee had, after hearing the evidence presented by both the applicant and objectors, taken into account the consultant's comments that the new facilities in the Newport area could affect the result of a new survey. In accordance with the resolution of the Executive on 24 May 2001 it was :

RESOLVED :

THAT a Hackney Carriage Vehicle Licence be granted to Mr D J Sussex of 35 Hogan Close, Newport, Isle of Wight with a condition that the licence is only issued to a Suitably Adapted Vehicle in accordance with the criteria laid down by the Council and any replacement vehicle must also be a Suitably Adapted Vehicle.

(c) To Consider What Action to Take Against Mr F Allen for Breach of a Hackney Carriage Vehicle Licence Condition and for Failure to Comply with Section 49 Local Government (Miscellaneous Provisions) Act 1976 Part II

The Director reported that Mr F Allen was in breach of Hackney Carriage Vehicle Licence conditions 11, 12 and 21 and also for failing to comply with Section 49 of the Local Government (Miscellaneous Provisions) Act 1976 'Transfer of Hackney Carriages'.

Members were reminded that the item had been deferred from the meeting held on 10 August 2001 to enable Mr F Allen to attend.

Mr Allen explained the circumstances of the breach and clarified a number of issues raised by the Committee.

The Committee adjourned to private session. Upon reconvening in public it was indicated that the Committee having heard all the evidence presented to them were satisfied that Mr F Allen was not insured at a time when he was plying for hire. It was therefore :

RESOLVED :

(i) THAT Hackney Carriage Vehicle Licence no 53/00 issued to Mr F Allen be suspended for 1 year.

(ii) THAT legal proceedings be authorised against Mr F Allen for Breach of Hackney Carriage licence conditions and failing to comply with Section 49 of the Local Government (Miscellaneous Provisions) Act 1976 Part II.

(d) Application for the Upgrade of a Hackney Carriage Vehicle Licence from a Summer Licence to an Annual Licence for the Former Urban District of Cowes

The Director reported on an application from Mr B H J and Mrs R M Martin of 21 Church Road, Gurnard, Isle of Wight to upgrade an existing Summer Hackney Carriage Vehicle Licence for the former Urban District of Cowes to an annual Hackney Carriage Vehicle Licence.

The Committee were advised of the number of Hackney Carriage Vehicle Licences held in Cowes and the total number of rank spaces.

Three letters of objection had been received immediately prior to the meeting, although they were not aimed at any specific application and one of these objectors was present and outlined the basis of his concerns in relation to the issue of Hackney Carriage Vehicle Licences.

The applicants outlined their case and clarified a number of points raised by the Committee.

The Committee adjourned to private session. Upon reconvening in public it was indicated that the Committee having heard all the evidence presented by the applicant and having heard the objector, were satisfied that there was no significant unmet demand during the winter months. It was therefore :

RESOLVED :

THAT the application for Mr B H J and Mrs R M Martin of 21 Church Road, Gurnard, Isle of Wight be refused on the grounds that there was no significant unmet demand for the services of Hackney Carriages in the Cowes zone during the winter months (1 October to 30 April).

(e) Application for the Grant of Hackney Carriage Vehicle Licence for Former Borough of Newport

The Director reported on an application for the grant of a new Hackney Carriage Vehicle Licence for the former Borough of Newport from Mr S C Sharpe of 44 Victoria Road, Newport, Isle of Wight.

The Committee were advised of the number of Hackney Carriage Vehicle Licences held in Newport and the total number of rank spaces. Members were reminded that a summer and winter survey had been carried out in 1997 and 1998, a discussion had been held with the consultant who had carried out the original survey and it was his opinion that because of the new facilities in the Newport area it could affect the result of a new survey.

Three letters of objection had been received immediately prior to the meeting, although they were not aimed at any specific application and one of those objectors was present and outlined the basis of their concerns in relation to the issue of Hackney Carriage Vehicle Licences. A further person, who had not submitted a written objection, spoke against the application.

The applicant outlined his case and clarified a number of issues raised by the Committee.

The Committee adjourned to private session. Upon reconvening in public it was indicated that the Committee had, after hearing the evidence presented by both the applicant and objectors, taken into account the consultant's comments that the new facilities in the Newport area could affect the result of a new survey. In accordance with the resolution of the Executive on 24 May 2001 it was :

RESOLVED :

THAT a Hackney Carriage Vehicle Licence be granted to Mr S C Sharpe of 44 Victoria Road, Newport, Isle of Wight with a condition that the licence is only issued to a Suitably Adapted Vehicle in accordance with the criteria laid down by the Council and any replacement vehicle must also be a Suitably Adapted Vehicle.

(f) Appeal Against the Council Decision to Defer an Application for a Hackney Carriage Vehicle Licence for a Suitably Adapted Vehicle for Disabled Use in the Former Borough of Ryde

The Director reported on an appeal by Mr G C Barron of 15 Brookfield Gardens, Ryde, Isle of Wight against the Council's decision to defer an application for a Hackney Carriage Vehicle Licence for a Suitably Adapted Vehicle for disabled use for the former Borough of Ryde.

Three letters of objection had been received immediately prior to the meeting, although they were not aimed at any specific application.

The applicant outlined his case and clarified a number of issues raised by the Committee.

The Committee adjourned to private session. Upon reconvening in public the applicant was advised that the Committee, having heard all the evidence, had taken into account the resolution of the Executive dated 24 May 2001 and it was :

RESOLVED :

THAT the application from Mr G C Barron of 15 Brookfield Gardens, Ryde, Isle of Wight be approved subject to the new condition that the Licence will only be issued for a Suitably Adapted Vehicle and that any replacement vehicle would also have to be a Suitably Adapted Vehicle.

(g) Request to Vary the Maximum Seating Capacity of a Wheelchair Accessible Mercedes Vito from Seven Passengers to Eight Passengers

(Mr J Effemey declared an interest in this item and left the room).

The Director reported on a request from Mr and Mrs J H T Gange of 77 Place Road, Cowes, Isle of Wight to increase the seating capacity of the wheelchair accessible Mercedes Vito, that had been approved for seven passengers, by the Committee at the meeting held on 10 August 2001, to eight passengers.

The applicant outlined his case.

The Committee adjourned to private session. Upon reconvening in public the applicant was advised that the Committee having heard the evidence and noted the application was supported by the Council's Senior Licensing Officer and in the light of no objections, it was :

RESOLVED :

THAT the Council's licence conditions in respect of Mr and Mrs J H T Gange of 77 Place Road, Cowes, Isle of Wight be varied for Hackney Carriage Vehicles to permit the wheelchair accessible Mercedes Vito to carry eight passengers when the 3 front rear seats face the rear of the vehicle.

(h) Appeal Against Hackney Carriage and Private Hire Licence Conditions Which Prevent the Licensing of a Peugeot 806 for up to Seven Passengers

The Committee adjourned to see the type of vehicle involved in the application.

Upon reconvening the Director reported on the background to his decision to refuse to grant Mr R Tweedie of 62 Downsview Gardens, Wootton, Isle of Wight a Hackney Carriage and Private Hire Vehicle Licence for a Peugeot 806 for up to seven passengers. This was as the result of the vehicle not complying with the Council's Licence Conditions.

The applicant outlined the reasons behind the application.

The Committee adjourned to private session. Upon reconvening in public it was indicated that the Committee having viewed the vehicle, and although this type of vehicle would be licensed by Southampton and Winchester Council's, this Committee was concerned on the safe ingress and egress of passengers in an emergency. It was therefore :

RESOLVED :

THAT the grant of a Hackney Carriage Vehicle Licence to Mr R Tweedie of 62 Downsview Gardens, Wootton, Isle of Wight be refused as the vehicle failed to comply with the Council's standard Hackney Carriage Vehicle conditions.

CHAIRMAN