Agenda item

Suspension of Hackney Carriage Driver's Licence - Mr Keith Brown

To consider Report 94/2011 on the suspension of a Hackney Carriage

Driver's Licence.

Minutes:

Members considered Report 94/2011 which sought a suspension of a Hackney Carriage Driver’s Licence in respect of Mr Keith Brown.

 

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 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.

15 October 2010

 

Licensing Support Officer

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

 

25 October 2010

Respondent

Letter from Mr Brown advising he has only received one letter and explained the circumstances of the incidents.

 

1 November 2010

Environmental Health Manager (Commercial)

Letter sent to Mr Brown in response to his letter of 1 November 2010.

 

2 November 2010

Parking Operations Officer

One enforcement report.

19 February 2011

 

Licensing Support Officer

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

 

4 March 2011

Respondent

Letter from Mr Brown explaining the circumstances surrounding the incidents of illegal parking.

 

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.

 

 

 

Oral representations received from:

 

Name

Details

 

Senior Licensing Officer

The Senior Licensing Officer outlined the Council’s case, as set out in Report 94/2011.

 

Respondent

The Respondent explained the circumstances surrounding his breaches of the Road Traffic Orders and Byelaw 8 and responded to Members’ questions.

 

Decision:

 

That Mr Keith Brown’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 25 October 2010 and 4 March 2011) raising awareness of the concerns of public safety by drivers parking illegally in Torquay.  Mr Brown confirmed that he had received these warning letters and had received the Hackney Carriage and Private Hire Drivers Handbook which states at point 19 of Section 1, Part B that:

 

‘The number of vehicles stationed at any rank must not exceed the number for which the rank is appointed at any time.  If a rank is full at time of a vehicles’ arrival at a rank then the driver must proceed to the next available rank.’

 

Members noted Mr Brown’s oral and written admission that he had parked not in accordance with the Road Traffic Orders or Byelaw 8 and that he had not followed the direction, as specified in the Hackney Carriage and Private Hire Drivers Handbook.

 

In concluding Members were satisfied that despite Mr Brown’s assurance that this would not happen again, as stated in his letter on 1 November 2010, a further offence was committed by Mr Brown on the 19 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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