Agenda and minutes

Venue: Meadfoot Room - Town Hall. View directions

Contact: Lisa Warrillow 

Items
No. Item

638.

Election of Chairman/woman

To elect a Chairman/woman for the meeting.

Minutes:

Councillor Addis was elected as Chairman for the meeting.

639.

Minutes pdf icon PDF 87 KB

To confirm as a correct record the Minutes of the meetings of the Sub-Committees held on 3 and 10 March 2011.

Additional documents:

Minutes:

The Minutes of the meetings of the Sub-Committee held on 3 and 10 March 2011 were confirmed as a correct record and signed by the Chairman.

640.

Suspension of Hackney Carriage Driver's Licence - Mr Christopher Mallett pdf icon PDF 86 KB

To consider Report 80/2011 on the suspension of a Hackney Carriage Driver's Licence.

Additional documents:

Minutes:

Members considered Report 80/2011 which sought a suspension of a Hackney Carriage Driver’s Licence in respect of Mr Christopher Mallett.

 

Written representations received from:

 

Name

Details

Date of Representation

Parking Operations Officer

Representation regarding illegal parking by taxis in Torbay.

 

28January 2010

Police

Representation confirming events over a nine month period on The Strand, Torquay involving taxi drivers.

 

4 February 2010

Public Transport Officer

Briefing paper regarding taxi parking on The Strand, Torquay and the impact on bus drivers.

 

27 January 2010

Operations Manager – Torbay Stagecoach South West

Representations confirming ongoing problems with taxis parking at The Strand, Torquay bus stops.

 

28 January 2010,

9 February 2007,

4 July 2006

Principal Safety and Licensing Officer

 

Representation sent to all Hackney Carriage Drivers updating them on the current situation regarding the taxi ranks and bus bays on the harbour side.

 

16 January 2009

Principal Safety and Licensing Officer

Representation sent to all Hackney Carriage Drivers updating them on the current situation regarding the taxi ranks and bus bays on the harbour side.

 

3 April 2009

Principal Safety and Licensing Officer

Representation sent to all Hackney Carriage Driver’s regarding the non-observation of Road Traffic Orders by some Hackney Carriage Drivers.

 

4 December 2009

Principal Safety and Licensing Officer

Representation sent to all Hackney Carriage Drivers informing them of the arrangements for taxi ranks at Vaughan Parade and The Strand, Torquay.

 

31 August 2010

Parking Operations Officer

A photograph showing a taxi parked illegally.

 

15 October 2010

Licensing Support Officer

Letter sent to Mr Mallett regarding illegal parking on Union Street, Torquay.

 

25 October 2010

Parking Operations Officer

Four photographs showing a taxi parked illegally, one enforcement report and two extracts of the Parking Operations Officer notebook.

20 October 2010

26 October 2010

2 February 2011

8 February 2011

Licensing Support Officer

Letter sent to Mr Mallett regarding illegal parking on Union Street, Torquay.

9 February 2011

Respondent

Email from Mr Christopher Mallett responding to a letter sent by the Licensing Support Officer, dated 9 February 2011, explaining the circumstances of the incidents.

 

14 February 2011

Licensing Support Officer

Two Torbay Taxi Rank Reports, table detailing observations of Taxi’s parked in a Rank from 22:59 to 23:43 and 00:22 to 00:37.

 

18 February 2011

19 February 2011

 

Plan of Road Traffic Orders in place on Torquay harbour side.

 

 

 

Spreadsheet showing percentage of Taxi Rank space on Torquay harbour side.

 

 

 

Hackney Carriages and Private Hire Vehicles Byelaw 8.

 

 

 

Oral representations received from:

 

Name

Details

 

Environmental Health Manager (Commercial)

The Environmental Health Manager (Commercial) outlined the Council’s case, as set out in Report 80/2011.

 

Respondent

The Respondent explained the circumstances surrounding his breaches of the Road Traffic Orders and byelaw and responded to Members’ questions.

 

Reason for Decision:

 

That Mr Christopher Mallett’s Hackney Carriage Driver’s Licence be suspended for a period of seven days on the ground of ‘any reasonable cause’, as in accordance with Section 61(1)(b) of the Local Government (Miscellaneous Provisions) Act  ...  view the full minutes text for item 640.

641.

Suspension of Hackney Carriage Driver's Licence - Mr Albert Boyne pdf icon PDF 78 KB

To consider Report 81/2011 on the suspension of a Hackney Carriage Driver’s Licence.

Additional documents:

Minutes:

Members considered Report 81/2011 which sought to suspend a Hackney Carriage Driver’s Licence in respect of Mr Albert Boyne.

 

Written representations received from:

 

Name

Details

Date of Representation

Parking Operations Officer

Representation regarding illegal parking by taxis in Torbay.

 

28 January 2010

Police

Representation confirming events over a nine month period on The Strand, Torquay involving taxi drivers.

 

4 February 2010

Public Transport Officer

Briefing paper regarding taxi parking on The Strand, Torquay, and the impact on bus drivers.

 

27 January 2010

Operations Manager – Torbay Stagecoach South West

Representations confirming the ongoing problems with taxis parking at The Strand bus stops.

 

28 January 2010

9 February 2007

4 July 2006

Principal Safety and Licensing Officer

Representation sent to all Hackney Carriage Drivers regarding the use of The Strand, its taxi rank, the adjacent bus bay and the roundabout.

 

16 January 2009

Principal Safety and Licensing Officer

Representation sent to all Hackney Carriage Drivers updating them on the current situation regarding the taxi ranks and bus bays on the harbour side.

 

3 April 2009

Principal Safety and Licensing Officer

Representation sent to all Hackney Carriage Drivers regarding the non-observation of Road Traffic Orders by some Hackney Carriage Drivers.

 

4 December 2009

Principal Safety and Licensing Officer

Representation sent to all Hackney Carriage Drivers informing them of the arrangements for taxi ranks at Vaughan Parade and The Strand, Torquay.

 

31 August 2010

Parking Operations Manager

Taxi/Private Hire Parking Report Form.

 

7 October 2010 and 15 October 2010

Parking Operations Manager

Three photographs showing taxi parked illegally.

 

7 October 2010 and 15 October 2010

Licensing Support Officer

Letter sent to Mr Boyne regarding illegal parking on Union Street, Torquay.

19 October 2010

Licensing Support Officer

Notes from Parking Operations Officer Notebook.

 

8 February 2011

Licensing Support Officer

Letter sent to Mr Boyne regarding queuing/parking offence and inviting his comments.

 

9 February 2011

 

Hackney Carriages and Private Hire Vehicles Byelaw 8.

 

 

Respondent

Letter explaining the circumstances of the incidents.

 

Received 18 February 2011

 

Oral representations received from:

 

Name

Details

 

Environmental Health Manager (Commercial)

The Environmental Health Manager (Commercial) outlined the Council’s case, as set out in Report 81/2011 and the reasons for recommending that the Respondent be suspended for three days.

 

Respondent

Mr Boyne explained the circumstances surrounding his breaches of the Road Traffic Orders and Byelaw and confirmed that he had received the warning letters which were issued on 16 January 2009, 3 April 2009, 4 December 2009 and 31 August 2010.

 

Respondents Response to Representations:

 

With the Licensing Sub-Committee’s consent, the Respondent circulated a photo showing a security van parking on the taxi rank on Union Street rather than parking in the designated loading bay.

 

Decision:

 

That Mr Albert Boyne’s Hackney Carriage Driver’s Licence be suspended for a period of three days on the ground of ‘any other reasonable cause’, as in accordance with Section 61(1)(b) of the Local Government (Miscellaneous Provisions) Act 1976.

 

Reason for Decision:

 

Having carefully considered all the written and  ...  view the full minutes text for item 641.

642.

Application for Private Hire Driver's Licence

To consider exempt Report 82/2011 on the application for a Private Hire Driver’s Licence.

Minutes:

Members considered an application for a Private Hire Drivers Licence as set out in exempt Report 82/2011.

 

Written representations received from:

 

Name

 

Details

Date of Representation

Applicant

Application from the Applicant including two letters from Strathclyde Police to North Lanarkshire Council.

 

28 September 2010

7 November 2007

7 November 2007

Applicant

Criminal Records Bureau check.

 

19 October 2010

Licensing Support Officer

Letter refusing the Application for a Private Hire Drivers Licence.

 

2 November 2010

Applicant

Letter from the Applicant explaining the circumstances of his criminal convictions and the changes he has made to his life since 2004.

 

8 November 2010

Licensing Support Officer

Letter to the Applicant setting out information required from North Lanarkshire Council.

 

15 November 2010

North Lanarkshire Council

Letter confirming the details of the Licences held by the Applicant.

 

1 February 2011

Environmental Health Manager (Commercial)

Letter to the Applicant informing him that information had been received from North Lanarkshire Council.  The letter also advised the Applicant of Torbay Council’s position regarding the Taxi Policy in relation to convictions and as such, his application will go before a Licensing Committee for a decision.

24 February 2011

 

Oral representations received from:

 

Name

 

Details

Environmental Health Manager (Commercial

The Environmental Health Manager (Commercial) outlined the Council’s case, as set out in exempt Report 82/2011.

 

Applicant

The Applicant outlined the circumstances surrounding his criminal convictions and the reasons he wished to apply for a Private Hire Drivers Licence.  The Applicant also responded to Members questions.

 

Decision:

 

That the Applicant, as named in exempt Report 82/2011 be granted a Private Hire Drivers Licence.

 

Reason for Decision:

 

Having carefully considered all the written and oral Representations Members resolved to grant the Private Hire Drivers Licence, despite it being a departure from the Council’s Policy and not in accordance with the Officers recommendation, for the following exceptional reasons:-

 

There have been no recorded criminal convictions since 11 February 2004.  Although Members did note the significant number of offences for dishonesty, there were no offences of physical violence against a person or offences of a sexual nature.

 

The Applicant has held a Taxi Drivers Licence, as granted by North Lanarkshire Council since 29 August 2007 and a Private Hire Operators Licence, as granted by North Lanarkshire Council since 15 December 2007, as stated in correspondence from North Lanarkshire Council dated 1 February 2011.  Members also noted the absence of evidence to suggest incidents of concern had occurred since the granting of these Licences.

 

Members were reassured by the Applicant’s oral submission that he no longer drinks alcohol and has a supportive family which he wishes to be reunited with by seeking employment in this area.

 

In reaching this decision, Members principal reason for granting this application was to give the Applicant an opportunity of a second chance.