Agenda item

Suspension of Hackney Carriage Driver's Licence - Mr Christopher Mallett

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

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 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 9 February 2011) raising awareness of the concerns of public safety by drivers parking illegally in Torquay.  Mr Mallett confirmed that he had received these warning letters and was aware of point 19 of Section 1, Part B of the Hackney Carriage and Private Hire Drivers Handbook which states:

 

‘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 Mallett’s oral and written admission, as dated 14 February 2011 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 Mr Mallett had been given sufficient warnings but despite this had parked illegally on 15 October 2010, on two separate occasions on 20 October 2010, on 26 October 2010, on 2 February 2011, on two separate occasions on 8 February 2011, and 18 February 2011 and again on 19 February 2011 whereby he caused an obstruction to the highway.

 

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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