Councillor Reynolds, Chair informed the committee that Mrs Nicholson had replaced Mrs Dolan as a member on the Licensing Committee (Hackney Carriage).

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

The following declarations of interest were made in accordance with the Code of Conduct in relation to items under discussion at this meeting –

To confirm the minutes of the meeting held on 7 July 2011.

Agreed that the minutes of the meeting held on 7 July 2011 are confirmed as a correct record.

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

There were no items of Chair’s urgent business.

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

The committee was informed that the two recent appeal cases against the committee’s decisions for the revocation of a Hackney Carriage driver’s licence and the refusal to grant a Private Hire Driver’s Licence were both upheld by the Magistrates Court.

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

The committee having –

However, members were concerned that –

The decision of the Committee today is therefore that –

As a professional driver, Mr Croitoru’s conviction for driving without due care and attention raised concerns for public safety which is a relevant consideration under the Council’s licensing objective of safety and health of drivers and the public.

The Hackney Carriage and Private Hire Driver’s Licensing Policy states that motoring offences are relevant offences for considering the suitability of a person to retain a licence.

MrCroitoru notified the Licensing Department of his conviction but not within seven days as required by the terms and conditions of his private hire driver’s licence.

Members agreed that they therefore consider it a proportionate decision to suspend Mr Croitoru’s Private Hire Driver’s Licence for one day.

(Councillor Churchill declared a personal and prejudicial interest and withdrew from the meeting during consideration of the above item).

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

The committee having –

Members also heard of several occasions when Mr Ede had acted as a Good Samaritan to the credit of his profession.

However, members were concerned that –

The decision of the Committee today is therefore that –

Mr Ede’s attitude towards controlling his speed and apparent disregard for the rules of the road raised concerns for public safety which is a relevant consideration under the Council’s licensing objective of safety and health of drivers and the public.

The Hackney Carriage and Private Hire Driver’s Licensing Policy states that motoring offences are relevant offences for considering the suitability of a person to retain a licence.

There is no record of Mr Ede notifying the Licensing Department of his two most recent convictions as required by the terms and conditions of his private hire driver’s licence.

Mr Ede’s fitness to drive a licensed vehicle has been called into question and members therefore agreed to suspend his licence for a total of four days. Members also require Mr Ede to hand in his VRQ certificate to the Licensing Department within seven days. Failure to do so will result in his attendance at the next available committee hearing to explain why he has not complied.

(Councillor Reynolds left the meeting at the end of this item and was not present for items 36 – 42.

It was agreed that Councillor Delbridge would step into the Chair for the remainder of the meeting with Councillor Mrs Nicholson stepping into the Vice-Chair)

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

The committee having –

However, members were concerned that –

The decision of the Committee today is therefore that –

These offences raise concerns in respect of public safety which is a relevant consideration under the Council’s licensing objective of safety and health of drivers and the public.

The Hackney Carriage and Private Hire Drivers Licensing Policy states that motoring offences are relevant offences for considering the suitability of a person to retain a licence.

Members have agreed today to suspend Mr Banta’s licence for six days in total. This comprises three days in respect of the offences and three days for failing to notify the Licensing Department of these offences in the correct manner.

Members also require Mr Banta to hand in his VRQ certificate within seven days. Failure to do so should result in him being called to attend at the next available Committee to explain why he has not complied.

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

The committee having –

However, members were concerned that –

The decision of the Committee today is therefore that –

As a professional driver Mr Eddy’s standard of driving raises concerns for public safety which is a relevant consideration under the Council’s licensing objective of safety and health of drivers and the public.

The Hackney Carriage and Private Hire Driver’s Licensing Policy states that motoring offences are relevant offences for considering the suitability of a person to retain a licence.

Members agreed that they consider it a proportionate decision to give Mr Eddy a warning, that warning to lie on his file in the event of any future attendance at this Committee.

As the Licensing Committee (Hackney Carriage) shall have the discretion to direct a driver appearing before them to complete further training or retraining should the driver’s suitability to retain a licence be called into question, members direct that Mr Eddy be required to obtain the Level 2 VRQ in Transporting Passengers by Taxi and Private Hire or equivalent within the next 12 months and attend at the Licensing Department when this has been attained. Should this qualification not be completed by 3 August 2012, he will be brought back before the Committee and all sanctions against his license will be considered. If Mr Eddy meets with any enrolment problems, he will be required to advise the Licensing Department at the earliest possible opportunity.

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

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 confidential/exempt information as defined in paragraph 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.

To confirm the confidential minutes of the meeting held on 7 July 2011.

Agreed that the confidential minutes of the meeting held on 7 July 2011 are confirmed as a correct record.

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

Due to MA’s non attendance at Committee, Members agreed that her application for the grant of a Private Hire Driver’s Licence is held on file until such time as she contacts the licensing department.

(Councillor Mrs Nicholson left the meeting at the end of this item and was not present for items 41 and 42.

It was agreed that Councillor Churchill would step into the Vice-Chair for the remainder of the meeting)

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

The committee having –

Agreed to grant PJC’s application for a Private Hire Driver’s Licence. This licence is to be granted without the requirement to sit the Knowledge of Plymouth test, however it is subject to him obtaining a Group II medical report and Driving Standards test as he has not been operating as a taxi driver for some time.

As PJC stated he had already completed the VRQ qualification on Transporting Passengers by Taxi and Private Hire or its equivalent, he will be required to pass a copy of this certificate to the Licensing Department within seven days.

(Councillor Bowie declared a personal and prejudicial interest and withdrew from the meeting during consideration of the above item).

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

The committee having –

Agreed to grant SPW’s application for a Private Hire Driver’s Licence. This licence is granted subject to him obtaining a Group II medical report and the Driving Standards test, however he will be exempt from the Knowledge of Plymouth test.