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

Councillor Delbridge declared a personal interest in accordance with the code of conduct relating to minute 128 as he knew the doctor in this case.

To confirm the minutes of the meeting held on 26 January 2012.

Agreed that the minutes of the meeting held on 25 January 2012 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.

The Chair advised that –

(In accordance with Section 100(B)(4)(b) of the Local Government Act 1972, the Chair brought forward the above items for urgent consideration because of the need to inform Members).

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

The committee was advised that there had been no new appeal cases since the last meeting.

The order of business on the agenda was amended as set out below in the minutes.

The Director for Place will submit a report on licensed hackney carriage driver applications for wheelchair exemptions statistics.

The Senior Lawyer explained that this item had been published as a part II item in error.  It had never been the intention for the report to be in part I.

The Senior Environmental Health Officer (Licensing) submitted a report on the licensed hackney carriage driver applications for wheelchair exemptions statistics, which highlighted the following main points –

The Chair thanked the officers for attending.

(Councillor Churchill was not present for this item only).

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

The committee –

The Hackney Carriage and Private Hire Drivers’ Licensing Policy stated that motoring offences and contravention of licensing conditions were relevant offences for considering the suitability of a person to retain a licence.  In addition the Plymouth City Council Act 1975 19(1)(b) enabled the Council to suspend, revoke or refuse to renew the licence of a diver of a hackney carriage or private hire vehicle for any other reasonable cause.

Members considered that as you were a licensed hackney carriage driver he should have regard to the rules of the road at all times. It was not known why the magistrates did not consider disqualification when his original points tally reached 14. However, Plymouth City Council was charged with protecting the safety of the public. They considered that his convictions, fixed penalty points, failed vehicle inspections and attitude towards the condition of his licence indicated an alarming lack of consideration for the safety of his passengers and the general public.

The committee agreed it would be a proportionate decision to suspend Mr Trenik’s licence for 21 days and also require him to re-sit his driving test; this must be completed within six months. Failure to provide the licensing department with a newly passed driving certificate by 22 August 2012 will result in him having to appear before this committee  ...  view the full minutes text for item 121.

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 items of business on the grounds that they involve the likely disclosure of exempt information as defined in paragraphs 3 and 7 of Part 1 of Schedule 12A of the Act, as amended by the Freedom of Information Act 2000.

Agreed that under Section 100A(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 exempt information as defined in paragraphs 3 and 7 of Part I Schedule 12A of the Act, as amended by the Freedom of Information Act 2000.

To confirm the confidential minutes of the meeting held on 26 January 2012.

Agreed that the minutes of the meeting held on 26 January 2012 are confirmed as a correct record.

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

The committee –

The committee agreed that NDW’s licence is suspended for six days which represents two days for each offence.  NDW is also required to re-sit the driving test which must be completed within six months; failure to provide the licensing department with a newly passed driving certificate by 22 August 2012, or his renewal date, whichever is earlier, will result in NDW having to appear before the committee and all sanctions against his licence will be considered at that time. NDW is also required to obtain a medical certificate within the next 14 days; if this certificate is not provided to the licensing department by 9 March 2012, NDW will be required to attend the next available committee and all sanctions against his licence will be considered at that time.

(vote – Councillors Bowie, Haydon and Rennie voted against this decision).

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

The Director for Place will submit a report on an application for the grant of a hackney carriage driver’s licence.

The committee –

The committee agreed to grant AD’s application for a hackney carriage driver’s licence. AD will be required to complete the VRQ level 2 driver qualification in Transporting Passengers by Taxi and Private Hire or equivalent within the first 12 months of the issue of his hackney carriage driver’s licence, in common with all new applicants.

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

The committee –

The Director for Place will submit a report on a licensed hackney carriage driver application for exemption.

The committee –

The committee agreed to grant KRB’s request for a life time exemption from assisting and carrying wheelchair users in his hackney carriage.

(Vote – Councillors Bowie, Churchill and Rennie voted against KRB being granted a life time exemption).

(Please note there is a confidential minute to this minute).

The Director for Place will submit a report on a licensed hackney carriage driver application for exemption.

The committee –

The committee agreed that because BGM had initially requested a 12 month exemption from his doctor, that this should be the exemption that BGM is granted. If his condition does not improve, he is invited to make a new application for a life time exemption when the 12 month period expires.

(Councillor Delbridge declared a personal interest in the above matter as he knew the doctor in this case).

(Please note there is a confidential minute to this minute).

Following the legal advice provided to the committee, concerns were raised relating to the process when considering licensed hackney carriage driver applications for exemptions.

The committee agreed that as a matter of urgency officers are asked to review this process.

The Director for Place will submit a report on a licensed hackney carriage driver application for exemption.

The committee –