Agenda item

Suspension of Hackney Carriage Driver's Licence - Mr Albert Boyne

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

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 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 19 October 2010 and 9 February 2011) raising awareness of the concerns of public safety by drivers parking illegally in Torquay.  Mr Boyne confirmed that he had received these warning letters.

 

Members noted Mr Boyne’s oral and written admission, as received on the 18 February 2011 that he had parked not in accordance with the Road Traffic Orders or Byelaw 8 and were satisfied by the evidence given that despite these warnings Mr Boyne had parked illegally on 8 February 2011 and had been written to on the 19 October 2010 about a previous incident of illegal parking in the same location.

 

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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