Agenda item

Suspension of Hackney Carriage Driver's Licence - Mr Paul Stone

To consider Report 91/2011 on the suspension of a Hackney Carriage

Driver's Licence.

Minutes:

Members considered Report 91/2011 which sought a suspension of a Hackney Carriage Driver’s Licence in respect of Mr Paul Stone.

 

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

One enforcement report.

29 October 2010

 

Licensing Support Officer

Letter sent to Mr Stone regarding illegal parking on the Harbourside in Torquay.

 

3 November 2010

Parking Operations Officer

Two enforcement reports.

18 and 19 February 2011

 

Licensing Support Officer

Letter sent to Mr Stone regarding illegal parking on the Harbourside in Torquay.

 

4 March 2011

Respondent

Letter from Mr Paul Stone responding to a letter sent by the Licensing Support Officer, reference SRU 160041, explaining the difficulties of using the ranks on the Harbourside.

 

8 March 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.

 

 

 

Additional information:

 

Members noted Mr Paul Stone was not present for the Hearing and agreed the Hearing would be held in his absence, as no reason for his absence had been made to the Licensing Department.

 

Oral representations received from:

 

Name

Details

 

Senior Licensing Officer

The Senior Licensing Officer outlined the Council’s case, as set out in Report 91/2011.

 

 

Decision:

 

That Mr Paul Stone’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 1976.

 

Reason for Decision:

 

Having carefully considered all the written and oral Representations put before the Sub-Committee, Members resolved this ground to be established following the number of warning letters that had been issued from the Principal Safety and Licensing Officer (dated 16 January 2009, 3 April 2009, 4 December 2009 and 31 August 2010) and the Licensing Support Officer (dated 3 November 2010 and 4 March 2011) raising awareness of the concerns of public safety by drivers parking illegally in Torquay. 

 

Members noted Mr Stone’s written admission, as dated 8 March 2011 in that he had parked not in accordance with the Road Traffic Orders or Byelaw 8.  In addition Members noted that Mr Stone had not followed the direction, as specified in the Hackney Carriage and Private Hire Drivers Handbook, point 19 of Section 1 Part B.

 

In concluding Members were satisfied that Mr Stone had been given sufficient warnings but despite this, had parked illegally on 29 October 2010 and again on the 18 February 2011.

 

Members felt that the suspension was a proportionate and necessary response to the breach of the Road Traffic Orders and Byelaw 8 in an attempt to ensure public safety.

 

Supporting documents:

 

Contact Governance Support

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