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

151.

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 Councillor Haydon declared a personal interest in respect of minute 163.

152.

MINUTES pdf icon PDF 76 KB

To confirm the minutes of the meeting held on 31 March 2011.

Minutes:

Agreed that the minutes of the meeting held on 31 March 2011 are confirmed as a correct record.

153.

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.

154.

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 an appeal heard at the Magistrate’s Court. The Council’s decision was upheld.

155.

LICENSED PRIVATE HIRE DRIVER REVIEW OF DRIVER LICENCE STATUS - M PETRESCU pdf icon PDF 94 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 Petrescu;

 

(c)

 

heard details of Mr Petrescu’s recent fixed penalty notices;

(d)

taken into account that Mr Petrescu –

 

 

?

did not have a passenger on board when he committed any of the offences;

 

 

?

had installed a telephone system to avoid future use of his mobile phone;

 

 

?

was mindful of the risk of losing his licence should he acquire further points and was driving with greater care and attention.

 

The committee was concerned that –

 

(e)

Mr Petrescu had been working as a professional driver since June 2009;

 

(f)

however since that date, he had received three fixed penalty notices for traffic offences and currently held nine live penalty points on his DVLA licence;

 

(g)

one of the offences was committed during his probationary period as a taxi driver;

 

(h)

Mr Petrescu had breached the conditions of his private hire driver’s licence on three occasions by not informing the licensing department of his fixed penalty notices in writing within the required seven days.

 

Agreed that having heard how Mr Petrescu had accrued three fixed penalty notices for traffic offences in approximately 12 months, one of which he received in his first probationary year as a driver and also that there are nine penalty points currently held on his DVLA licence; the committee considered that as Mr Petrescu was a licensed private hire driver he should have regard to the rules of the road at all times; although he did notify the licensing office of his fixed penalty notices, on no occasion was any notification made within the seven day limit required by the terms and conditions of his licence; the committee is concerned that these breaches and penalties indicated a lack of respect for the safety of the public and the terms of his licence and have decided to suspend his licence for three days.

 

 

 

156.

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 are excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of conditional/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.

157.

CONFIDENTIAL MINUTES (E3 AND E7)

To confirm the confidential minutes of the meeting held on 31 March 2011.

Minutes:

Agreed that the minutes of the meeting held on 31 March 2011 are confirmed as a correct record.

158.

APPLICATION FOR THE GRANT OF A PRIVATE HIRE DRIVER'S LICENCE - IRH (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 having –

 

(a)

considered the report from the Director for Community Services;

 

(b)

heard from IRH.

 

Agreed that the application for a private hire driver’s licence is granted subject to the satisfactory completion of any remaining pre requisite tests. In addition as with all new drivers, IRH is required to complete the VRQ qualification in ‘transporting passengers by taxi and private hire’ or equivalent within the first 12 months of his licence.

159.

APPLICATION FOR THE GRANT OF A PRIVATE HIRE DRIVER'S LICENCE - DJB (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 having –

 

(a)

considered the report from the Director for Community Services;

 

(b)

heard from DJB.

 

Agreed that the application for a private hire driver’s licence is granted subject to the satisfactory completion of the pre requisite tests, namely the medical test, the driving test and knowledge of Plymouth test. In addition as with all new drivers, DJB is required to complete the VRQ qualification in ‘transporting passengers by taxi and private hire’ or equivalent within the first 12 months of his licence.

160.

APPLICATION FOR THE GRANT OF A PRIVATE HIRE DRIVER'S LICENCE - LAO (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 having –

 

(a)

considered the report from the Director for Community Services;

 

(b)

heard from LAO. 

 

Agreed that the committee have elected to follow its own policy guidelines and refuse LAO’s application for a private hire driver’s licence, as they do not consider LAO to be a fit and proper person.

 

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

 

 

 

161.

LICENSED PRIVATE HIRE DRIVER REVIEW OF DRIVER LICENCE STATUS - PRRC (E3 AND E7)

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 PRRC.

 

Agreed that PRRC is required to resit his driving standards test and his private hire driver’s licence is suspended for two days.

 

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

162.

LICENSED PRIVATE HIRE DRIVER REVIEW OF DRIVER LICENCE STATUS - LP (E3 AND E7)

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 the licensing officer that LP was not present but a letter had been received advising that he would be unable to attend.

 

Agreed that a letter is hand delivered to LP inviting him to attend the next hearing; the letter to include a warning that if LP fails to attend then the matter may be considered in his absence.

 

163.

LICENSED PRIVATE HIRE DRIVER REVIEW OF DRIVER LICENCE STATUS - DG (E3 AND E7)

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 DG. 

 

Agreed that –

 

(1)

DG is directed to complete the Level 2 VRQ qualification in ‘transporting passengers by taxi and private hire’ or equivalent within the next 12 months and attend the licensing department when this has been attained; should this qualification not be completed by April 2012 DG will be brought back before the committee and all sanctions against his licence will be considered;

 

(2)

a medical report is required to be provided to the licensing department dated no earlier than 1 December 2011;

(3)

DG’s licence is suspended for two days, these days will be taken as arranged with the licensing office on the occasion of the return of his licence.

 

(Note: there is a confidential part to this minute).

 

(Councillor Haydon declared a personal interest in this matter).