Agenda and minutes

Venue: Council House, Plymouth

Contact: Lynn Young  Email: lynn.young@plymouth.gov.uk

Items
No. Item

65.

Declarations of Interest

Members will be asked to make any declarations of interest in respect of items on this agenda.

Minutes:

In accordance with the code of conduct, the following declarations of interest were made in regard to items under consideration at this meeting –

 

Name

Minute Number and Item

Reason

Interest

Councillor Kelly

72 – Review of a Private Hire Vehicle Driver’s Licence - TAS

Applicant’s representative is known to him

Private

Councillor Singh

77 – Application for the Grant of a Private Hire Driver’s Licence - DH

One of the applicant’s character referees is known to him

Private

 

66.

Minutes pdf icon PDF 66 KB

To confirm the minutes of the meeting held on 3 November 2016.

Minutes:

Agreed the minutes of the meeting held on 3 November 2016.

67.

Chair's Urgent Business

To receive reports on business which, in the opinion of the Chair, should be brought forward for urgent consideration.

Minutes:

There were no items of Chair’s urgent business.

68.

Appeal Cases

The Committee will be provided with the results of the judgement on appeal cases that went to Court.

Minutes:

The Committee was advised that there had been one appeal case since the last meeting.  This appeal had been dismissed by the Magistrates’ Court and the applicant had now lodged an appeal with the Crown Court.

69.

Request to depart from the Council's existing Hackney Carriage and Private Hire Licensing Policy in relation to tinted windows - AV pdf icon PDF 228 KB

The Director of Public Health will submit an application for a request to depart from the Council’s existing Hackney Carriage and Private Hire Licensing Policy in relation to tinted windows.

Minutes:

The Committee –

 

(a)

considered the report from the Director of Public Health;

 

(b)

heard from AV;

 

(c)

took the above report and all that was said into consideration.

 

Members considered AV’s proposal to use a licensed executive hire vehicle which currently has additional tint to the rear and back window and have had sight of the vehicle in question.

 

Appendix E of Plymouth City Council’s Hackney Carriage and Private Hire Policy sets out the conditions of licence and specifies that “No vehicle shall be fitted with any form of additional film to darken or tint the glass on any part of the vehicle”.

 

Members are aware that Executive Hire vehicles are invariably restricted vehicles which are solely used for a specific section of the taxi market, as are airport transfer vehicles.   

 

S5 (2) Plymouth City Council Act 1975 states that the Council may attach to the grant of a private hire vehicle licence such conditions as the Council considers reasonably necessary.

 

Having considered the report before them, inspected a vehicle with the proposed tint applied and listened to the points raised in support of this proposal, Councillors are sympathetic to AV’s circumstances in that this car has been purchased with tint already applied and he now finds that he is prohibited by Plymouth Hackney Carriage and Private Hire Vehicle Licensing policy from using it in the manner which he wishes.

 

However they advise that they would not be prepared to depart from their current policy guidelines on this occasion because they do not believe that the majority of the points raised, including sunshine fatigue and protection of leather interior, carry a great degree of weight and in addition, they are concerned about the public safety aspect of obscuring the entire rear section of a vehicle .

70.

Exempt information

To consider passing a resolution under Section 100A(4) of the Local Government Act 1972 to exclude the press and public from the meeting for the following item(s) of business on the grounds that it (they) involve(s) the likely disclosure of exempt information as defined in paragraph(s) 1, 2 and 3 of Part 1 of Schedule 12A of the Act, as amended by the Freedom of Information Act 2000.

 

Minutes:

Agreed that under Section 100A(4) of the Local Government Act 1972, to exclude the press and public from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in paragraphs 1, 2 and 3 of Part 1 Schedule 12a of the Act, as amended by the Freedom of Information Act 2000.

71.

Confidential minutes

To confirm the confidential minutes of the meeting held on 3 November 2016.

Minutes:

Agreed the confidential minutes of the meeting held on 3 November 2016.

72.

Review of a Private Hire Vehicle Driver's Licence - TAS

The Director of Public Health will submit a report on a Private Hire vehicle driver’s review of licence status.

Minutes:

The Committee –

 

(a)

considered the report from the Director of Public Health;

 

(b)

heard from TAS;

 

(c)

heard from TAS’s representative;

 

(d)

took the above report and all that was said into consideration.

 

The Committee agreed that having taken the above into account to suspend TAS’s Private Hire Vehicle Driver’s Licence for a period of 14 days under Section 19(1)(b) of the Plymouth City Council Act 1975.

 

Note:  Councillor Bowie voted against this decision

 

(Councillor Kelly declared a private interest in this agenda item)

 

(Please note:  there is a confidential part to this minute)

 

(Councillor Kelly left the meeting after this agenda item)

 

(Councillor Deacon left the meeting after this agenda item)

73.

Appointment of Vice Chair

Minutes:

Councillor Ken Foster acted as Chair (in Councillor Kelly’s absence) and the Committee agreed to appoint Councillor Carson as Vice Chair for the remainder of the meeting.

74.

Application for the grant of a Private Hire Vehicle Driver's Licence - MPB

The Director of Public Health will submit a report on an application for the grant of a Private Hire vehicle driver’s licence.

Minutes:

The Committee –

 

(a)

considered the report from the Director of Public Health;

 

(b)

heard from MPB;

 

(c)

took the above report and all that was said into consideration.

 

The Committee agreed that having taken the above into account to grant MPB’s application for a Private Hire Vehicle Driver’s Licence subject to the completion of all the prerequisites, namely the Knowledge of Plymouth test, Driving Standards test and DVLA Group 2 medical certificate and also the VRQ driver qualification in Transporting Passengers by Taxi and Private Hire or its equivalent, within the first 12 months of his licence being granted. 

75.

Review of a Hackney Carriage Driver's Licence - AJW

The Director of Public Health will submit a report on a Hackney Carriage driver’s review of licence status.

Minutes:

The Committee –

 

(a)

considered the report from the Director of Public Health;

 

(b)

heard from AJW;

 

(c)

took the above report and all that was said into consideration.

 

The Committee agreed that having taken the above into account to revoke AJW’s Hackney Carriage Driver’s Licence under section 19(1)(b) of the Plymouth City Council Act 1975 as he is no longer considered to be a fit and proper person.

 

Note:  Councillor Rennie voted against this decision

 

(Please note:  there is a confidential part to this minute)

76.

Application for the grant of a Private Hire Vehicle Driver's Licence - DF

The Director of Public Health will submit a report on an application for the grant of a Private Hire vehicle driver’s licence.

Minutes:

The Committee –

 

(a)

considered the report from the Director of Public Health;

 

(b)

heard from DF;

 

(c)

heard from DF’s representative;

 

(d)

took the above report and all that was said into consideration.

 

The Committee agreed that having taken the above into account to grant DF’s application for a Private Hire Vehicle Driver’s Licence subject to him satisfactorily completing the VRQ qualification in Transporting Passengers by Taxi and Private Hire or its equivalent within the first 12 months of his licence being granted.

 

 

77.

Application for the grant of a Private Hire Driver's Licence - DH (now AD)

The Director of Public Health will submit a report on an application for the grant of a Private hire driver’s licence.

Minutes:

The Committee –

 

(a)

considered the report from the Director of Public Health;

 

(b)

heard from DH;

 

(c)

took the above report and all that was said into consideration.

 

The Committee agreed that having taken the above into account to grant DH’s application for a Private Hire Driver’s Licence subject to him satisfactorily completing the VRQ qualification in Transporting Passengers by Taxi and Private Hire or its equivalent within the first 12 months of his licence being granted.

 

(Councillor Singh declared a private interest in this agenda item)