Agenda and minutes

Venue: Council House, Plymouth (next to the Civic Centre)

Contact: Ross Johnston, Democratic Support Officer  Email: ross.johnston@plymouth.gov.uk

Items
No. Item

19.

DECLARATIONS OF INTEREST

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

Minutes:

There were no declarations of interest made by Members in accordance with the code of conduct.

20.

MINUTES pdf icon PDF 43 KB

To confirm the minutes of the meeting held on 10 June 2010.

Minutes:

Agreed that the minutes of the meeting held on 10 June 2010 are confirmed as a correct record.

21.

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.

22.

APPEAL CASES

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

Minutes:

The committee was informed that a recent appeal had been unsuccessful.

23.

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) 3 and 7 of Part 1 of Schedule 12A of the Act, as amended by the Freedom of Information Act 2000.

Minutes:

Agreed that under Section 100(A)(2) and (4) of the Local Government Act, 1972, the press and public be excluded from the meeting for the following items of business on the grounds that they  involve the likely disclosure of confidential/exempt information as defined in paragraph 4 of Part 1 Schedule 12A of the (Local Government Access to Information) Act 1985, as amended by the Freedom of Information Act 2000.

24.

CONFIDENTIAL MINUTES

To confirm the confidential minutes of the meeting held on 10 June 2010.

 

Minutes:

Agreed that the minutes of the meeting held on 10 June 2010 are confirmed as a correct record.

25.

LICENSED HACKNEY CARRIAGE DRIVER REVIEW OF LICENSE STATUS - RD

The Director for Community Services will submit a report on a licensed hackney carriage driver review of licence status.

Minutes:

The committee having heard from RD

 

Agreed that this matter is adjourned until the next committee meeting in August 2010 and RD informed that if he attended that committee without legal representation, then the matter would proceed on that date in any event.

 

(Note: there is a confidential part of this minute)

26.

LICENSED HACKNEY CARRIAGE DRIVER REVIEW OF LICENSE STATUS - TKS

The Director for Community Services will submit a report on a licensed hackney carriage driver review of licence status.

Minutes:

The committee having –

 

(a)

considered the report from the Director for Community Services;

 

(b)

heard from TKS;

 

(c)

heard details of TKS’s conviction. 

 

Agreed that the committee invoke its powers under the Plymouth City Council Act, 1975 and deem TKS to be no longer a fit and proper person and revoke his licence accordingly.

 

(Note: there is a confidential part of this minute)

27.

APPLICATION FOR THE GRANT OF A PRIVATE HIRE DRIVER'S LICENCE - ZM

The Director for Community Services will submit a report on the application for the grant of a private hire driver’s licence.

Minutes:

The committee having –

 

(a)

considered the report of the Director for Community Services; 

 

(b)

heard from ZM.

 

Agreed that the application is granted subject to completing the remaining pre-requisite test which is the medical; ZM is also required to complete Level 2 VRQ in Transporting Passengers by Taxi and Private Hire or equivalent qualification within 12 months from the date of being first licensed to comply with Plymouth City Council’s Hackney and Private Hire Licensing policy.

28.

APPLICATION FOR THE GRANT OF A PRIVATE HIRE DRIVER'S LICENCE - SV

The Director for Community Services will submit a report on the application for the grant of a private hire driver’s licence.

Minutes:

The committee having –

 

Resolved that –

 

(a)

considered the report of the Director for Community Services;

 

(b)

heard from SV.

 

Agreed that the application is granted subject to completing the remaining pre-requite test which are the knowledge, driving and medical. SV is also required to complete Level 2 VRQ in Transporting Passengers by Taxi and Private Hire or equivalent qualification within 12 months from the date of being first licensed to comply with Plymouth City Council’s Hackney and Private Hire Vehicle Licensing policy.

29.

APPLICATION FOR THE GRANT OF A PRIVATE HIRE DRIVER'S LICENCE - RL

The Director for Community Services will submit a report on the application for the grant of a private hire driver’s licence.

Minutes:

The committee having –

 

(a)

considered the report of the Director for Community Services; 

 

(b)

heard from RL.

 

Agreed that the application is granted subject to the completion of the Level 2 VRQ in Transporting Passengers by Taxi and Private Hire or equivalent qualification within 12 months from the date of being first licensed to comply with Plymouth City Council’s Hackney and Private Hire Vehicle Licensing policy.

 

(Note: the meeting moved back into Part I)

COMMITTEE MOVED INTO PART I

30.

LICENSED PRIVATE HIRE DRIVER REVIEW OF LICENCE STATUS - M KOHAJDA pdf icon PDF 39 KB

The Director for Community Services will submit a report on a licensed driver review of licence status.

Minutes:

The committee having –

 

(a)

 

considered the report of the Director for Community Services;

(b)

 

heard from Mr Kohajda;

(c)

heard details of Mr Kohajda’s motoring convictions;

 

(d)

taken into account –

 

 

?

the two speeding offences that were committed while Mr Kohajda was not working in his capacity as a Private Hire driver and he had now left his other job, in order to concentrate on becoming a better taxi driver;

 

(e)

Members were concerned that –

 

 

?

two of the motoring offences were committed during the probationary first year of Mr Kohajda being granted a Private Hire driver’s licence;

 

 

?

Mr Kohajda had accumulated 11 points in less than two years of working as a Private Hire driver;

 

 

?

none of the fixed penalties or convictions were declared to the Licensing Department as required by the conditions of Mr Kohajda’s Private Hire Driver’s licence.

 

            It was Agreed that

 

MrKohajda’s conviction and fixed penalty fines all related to motoring offences and had been acquired since the commencement of his employment as a Private Hire Driver.

 

            The offences showed a disregard for the rules of the road. Members were concerned that this reflected Mr Kohajda’s attitude towards public safety and therefore require Mr Kohaida to complete the level 2 VRQ in transporting passengers by taxi and private hire or equivalent qualification within 12 months in respect of those offences.

 

            Not reporting the convictions indicated a disregard for the conditions of Mr Kohajda’s licence and in respect of these breaches, Members considered it to be reasonable and proportionate to suspend your licence for two days.

 

            If the qualification is not completed within the required period Mr Kohaida will be brought back before the committee at that time.

 

31.

LICENSED PRIVATE HIRE DRIVER REVIEW OF LICENCE STATUS - I BANCIU pdf icon PDF 43 KB

The Director for Community Services will submit a report on a licensed driver review of licence status.

Minutes:

The committee having –

 

(a)

 considered the report of the Director for Corporate Support;

 

(b)

heard from  Mr Banciu;

 

(c)

 

heard details of Mr Banciu motoring convictions;

(d)

 

taken into account that -

 

 

?

since Mr Banciu received the two convictions, he had achieved a Level 2 Btec in Transporting Passengers by Taxi and Private Hire, which he took under his own volition;

 

 

?

no further offences had been committed since May 2009;

 

 

?

Mr Banciu stated that he was not fully aware of the conditions attached to his Private Hire Drivers Licence.

 

(e)

Members were concerned that –

 

 

?

the first offence of using a mobile telephone whilst driving a motor vehicle was committed within 12 months of Mr Banciu being licensed as a Private Hire driver;

 

 

?

Mr Banciu had accumulated nine points in less than two years of working as a Private Hire driver;

 

 

?

none of these fixed penalties or convictions were declared to the Licensing Department as required by the conditions of his Private Hire driver’s licence;

 

 

?

as a Private Hire driver licensed by Plymouth City Council he should be fully aware of all the conditions attached to his licence.

 

It was therefore Agreed that

 

MrBanciu’s conviction and fixed penalty fines related to the motoring offences and had been acquired since the commencement of his employment as a Private Hire driver.

 

The offences showed a disregard for the rules of the road and Members were concerned that this reflected his attitude towards public safety.  Therefore Mr Banciu’s Private Hire Driver’s licence would be suspended for one day in respect of these motoring ofences under the powers contained within the Plymouth City Council Act 1975...

 

Not reporting the convictions indicated a disregard for the conditions of Mr Banciu’s Private Hire Drivers Licence and in respect of these breaches, Members considered it reasonable and proportionate to suspend Mr Banciu’s licence for a period of 5 days.

 

MrBanciu’s private hire driver’s licence would therefore be suspended for a total of 6 days in respect of the motoring offences and breach of conditions.