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

32.

DECLARATIONS OF INTEREST

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

Minutes:

The following declaration of interest was made in accordance with the Code of Conduct in relation to an item under consideration at this meeting –

 

Name

Subject

Reason

Interest

Councillor Bowie

Minute38

Licensed Private Hire Driver Review of Licence Status – P Colwill 

Had previously dealt with the applicant and his wife in her capacity as a ward councillor.

Personal

 

33.

MINUTES pdf icon PDF 54 KB

To confirm the minutes of the meeting’s held on 1 and 8 July 2010.

Minutes:

Agreed that –

 

(1)

the minutes of the meeting held on 1 July 2010 are confirmed as a correct record.

 

(2)

the approval of the minutes of the meeting on 8 July 2010 be deferred until the next meeting.

 

34.

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.

35.

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 there were no appeal cases since the last meeting.

36.

LICENSED PRIVATE HIRE DRIVER REVIEW OF LICENCE STATUS - J A HAJDUK pdf icon PDF 133 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 from the Director for Community Services;

 

(b)

heard from Mr Hajduk;

 

(c)

taken into account that –

 

 

?

MrHajduk had been licensed since April 2007;

 

 

?

the last offence was committed over 12 months ago;

 

 

?

MrHajduk had no further points on his licence since the conviction in November 2009;

 

 

?

MrHajduk wasn’t aware that he had to declare any conviction within 7 days and whilst he understood he had received convictions he was under a misapprehension that the court would inform Plymouth City Council;

 

 

?

motoring offences were relevant offences under the terms of the Council’s licensing policy;

 

 

?

during his time as a licensed driver Mr Hajduk had also received two warning letters one in respect of waiting on a hackney carriage stand in contravention of Section 22 of the Plymouth City Council Act 1975 and the other in respect of disorderly behaviour.

 

Members were concerned that –

 

 

?

since being licensed Mr Hajduk had accumulated 19 penalty points on his licence all of which were incurred for speeding offences;

 

 

?

MrHajduk had not declared any penalty points on renewal of his licence in 2008 or 2009 and had actually stated he did not have any criminal convictions which was incorrect;

 

 

?

MrHajduk had failed to report the convictions in accordance with the conditions of his private hire drivers licence;

 

 

?

the number of motoring offences demonstrated a pattern of offending behaviour. 

 

 

?

during questioning Mr Hajduk seemed to suggest that he considered speeding as hazard of the job.

 

The Committee agreed that the accumulation of 19 penalty points in a just over a three year period all for speeding offences showed both a disregard for the rules of the road and a disregard for public safety.

 

The failure to note the convictions when renewing the licence in 2008 and 2009 and the failure to report the convictions in accordance with the conditions of licence did not show a commitment to work with the Licensing authority.

 

Having taken into account all of the above Members considered that it was proportionate to suspend Mr Hajduk’s Private Hire Driver’s licence for a period of 10 days in respect of his failure to report his convictions.

 

In addition to address Members concerns regarding public safety, Mr Hajduk is required to re take his driving test within two months and also to undertake the Level 2 VRQ in Transporting Passengers by Taxi and Private Hire or equivalent qualification; which he is to commence within the next six months.

37.

LICENSED HACKNEY DRIVER REVIEW OF LICENCE STATUS - M CASSELL pdf icon PDF 79 KB

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 Mr Cassell;

 

(c)

taken into account that –

 

 

?

he had been a driver since 1997;

 

 

?

he did not notify the Council of the conviction in accordance with the Hackney Carriage Byelaws;

 

 

?

he had notified the Council as soon as he had received his licence back from DVLA but realised now that he should have notified the Council in writing within 7 days of the conviction;

 

 

?

he had no previous convictions and had always notified the authority in accordance with requirements in the past.

 

The Committee agreed that having taken into account all of the above and the circumstances described by Mr Cassell, no action would be taken against his licence on this occasion but that he would be given a warning which would remain on his file and would be brought to committee’s attention in the future.

38.

LICENSED PRIVATE HIRE DRIVER REVIEW OF LICENCE STATUS - P COLWILL pdf icon PDF 87 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 from the Director for Community Services;

 

(b)

heard from Mr Colwill;

 

(c)

taken into account that –

 

 

?

he had been a licensed driver since 2003;

 

 

?

he was convicted of speeding on the 7 September 2009 and had not reported the conviction in accordance with the terms of his private hire driver’s licence;

 

 

?

he stated that the offence was committed on his way back from holiday so he was not working at the time. He also said that he had written in to the Council to advise of the conviction. The licensing officer confirmed that there was no record of any notification being received.

 

Members were concerned that the failure to notify in accordance with the conditions of his private hire driver’s licence did not demonstrate a commitment to work with the licensing authority.

 

The Committee agreed that having taken into account all of the above, Mr Colwill’s licence would be suspended for a period of 3 days for the failure to report in accordance with the conditions of his licence.

 

(Councillor Bowie declared a personal interest and did not participate in this item.)

39.

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 Section 100(A) (2) and (4) of the Local Government Act 1972, the press and public are 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 paragraphs 3 and 7 of Part 1 Schedule 12A of the (Local Government Access to Information) Act 1985, as amended by the Freedom of Information Act 2000.

40.

CONFIDENTIAL MINUTES (E3 AND E7) (TO FOLLOW)

To confirm the confidential minutes of the meeting held on 8 July 2010.

Minutes:

Agreed that the approval of the confidential minutes of the meeting on 8 July 2010 be deferred until the next meeting.

41.

LICENSED HACKNEY CARRIAGE DRIVER REVIEW OF LICENSE STATUS - RD (E3 AND E7)

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)

considered a fax received from RDs solicitor requesting that the case be adjourned until after the outcome of the court case was known.

 

Agreed that the matter would be adjourned until more evidence was available to allow the committee to reach a decision.

 

(Councillors Bowie and Haydon had serious concerns about the decision of the committee and wanted their concerns were noted in the minutes on the grounds of public safety.)

 

Recommended that a special Licensing Hackney Carriage Committee meeting be scheduled to invite Licensing Officers, Legal Officers, relevant police representatives, Licensing Hackney Carriage Committee members and the Cabinet Member for Customer Services (Safer and Stronger Communities and Leisure, Culture and Sport) to look at the Policies and Procedures around items being submitted to the Licensing Hackney Carriage Committee where the evidence is not complete.

42.

APPLICATION FOR THE GRANT OF A PRIVATE HIRE DRIVER'S LICENCE - JS (E3 AND E7)

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 agreed that due to JS’s non attendance at the Committee that the application would be held on file until such time as the applicant contacts the licensing department.

43.

LICENSED HACKNEY CARRIAGE DRIVER REVIEW OF LICENSE STATUS - SR (E3 AND E7)

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 SR agreed that the matter would be adjourned until the 30 September 2010 to allow SR to seek legal advice.

44.

LICENSED HACKNEY CARRIAGE DRIVER REVIEW OF LICENSE STATUS - TW (E3 AND E7)

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)

decided to consider the matter in TW’s absence as he had previously failed to attend and had been warned that the matter would be heard in his absence if he failed to attend again.

 

The Committee agreed to revoke TW’s Hackney Carriage driver’s licence on the grounds of concerns for public safety. The Council’s policy states that licences will not generally be granted to those with convictions for drug offences and that this guideline applies when considering the suitability of a person to retain a licence and members could see no reason to depart from their policy in this case.

 

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