Agenda and minutes

Members are asked to declare any interests in the items under consideration and in doing so state:

(1) the type of interest concerned either a

(a)   personal interest

(b)   prejudicial interest

(c)    disclosable pecuniary interest (DPI)

and

(2) the nature of the interest concerned

If any member requires advice on declarations of interests, they are advised to contact the Head of Democratic Governance in advance of the meeting.

There were no declarations of interest on this occasion.

To agree the minutes of the last meeting held on 8 May 2018 as a true and correct record.

The Sub-Committee considered the minutes of the last meeting held on 8 May 2018.

Resolved:

That the minutes be approved and signed by the Chairman.

Resolved: That under Section 100 (A) of the Local Government Act 1972, the public be excluded from the meeting during consideration of the whole item, including the decisions referred to at Agenda items 5 and 6 on the grounds that it would involve the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A of the Act.

To consider an application by the Blackpool Licensed Taxi Operators Association (BLTOA)for proposed changes to the Blackpool Hackney Carriage tariffs to commence on 1 July 2018.

The Sub-Committee considered a proposal from the Blackpool Licensed Taxi Operators Association to review the fares charged by Hackney Carriages in Blackpool.

Mr Bill Lewtas was in attendance and presented the submission on behalf of the association. Mr Lewtas highlighted his view that no significant increases had been imposed since 2012 with some minor changes in 2015. He further explained that the organisation had spent a lot of time considering the issue as his organisation was in agreement that a balance was required between the increasing costs of running a taxi, what the market could bear and the prices charged by alternatives and the comparable prices of neighbouring authorities.

In response to questions Mr Lewtas explained that the requested reduction of the tariff on New Year’s Day to tariff 3 from tariff 4 during the date mirrored the previously agreed reduction on Boxing Day. Mr Lewtas stated that many of his association’s members felt that the tariff was excessive and restricted demand on that day.

Resolved:

To approve the following proposed amendments  to the Blackpool Hackney Carriage tariffs as outlined for advertised and to agree to implement these changes on the expiry of the consultation if no objections are received:

        i.            That a change be made to the taxi meter waiting time from 20p every 45 seconds to 20 p every 40 seconds.

      ii.            That the start time of Tariff 3 be brought forward from the current time of 2.00am to 1.00am

    iii.            That the current extra charge of 20p for additional passengers, suitcases, dogs (excluding assistance dogs) be increased to 30p.

     iv.            That the cleaning charge for passengers that soil the taxi be increased from £30 currently to £40.

       v.            That the New Year’s Day tariff 4 charges be reduced to Tariff 3.

To consider an application for a Private Hire Operator’s Licence.

The Sub-Committee considered an application for a Private Hire Operator’s Licence submitted for Fylde Executive Cars in the name of John Lewis Coombs.  The application was located outside the Blackpool boundary, the Sub-Committee was reminded that the Hackney Carriage and Private Hire Policy stated that applications would not be granted to businesses not located within the Blackpool Council boundary.

Mr Coombs was in attendance and outlined the application to the Sub-Committee. He explained that the business would be located within the Blackpool Airport Enterprise Zone and within 100 yards of the boundary. He further confirmed that the operating company was already licensed by Fylde Borough Council and the application was seeking to enable the operator to use Blackpool licensed vehicles and drivers in addition to those licensed by Fylde Borough Council.

The Sub-Committee considered carefully the application but did not consider that it should deviate from the previously agreed policy. It considered that there remained benefits to issuing Private Hire Operator’s Licences to those located with the Blackpool boundary.

Resolved:

That the application for a Private Hire Operator’s Licence be refused on the grounds that the application was not to be located within the Blackpool Council area and there were no grounds to deviate from the Hackney Carriage and Private Hire Policy.

(This item contains personal information regarding applicants and licence holders which is exempt from publication by virtue of Paragraph 1 of Part 1 of Schedule 12A of the Local Government Act 1972)

The Sub-Committee was informed of applicant and two existing drivers who had given sufficient cause for concern as to be referred to the Sub-Committee for consideration.

Members discussed the application and referrals as appropriate.

(i)                 F.T. (New Applicant)

Mr Ryan Ratcliffe, Licensing Officer, was in attendance and advised the Sub-Committee that the applicant had previously had his Hackney Carriage and Private Hire Vehicle Driver’s Licence revoked on 30 January 2013 following a serious accusation and associated concerns as to his conduct. F.T. had subsequently applied for a licence and been refused on the 16 March 2015 due to similar concerns.

F.T. was in attendance accompanied by his solicitor and made representations to the Sub-Committee. It was emphasised that while F.T. had been charged with a very serious offence he had not been convicted and no evidence had been offered at court. It was further explained that since the revocation of his licence, the applicant’s personal circumstances had changed in that he had married and was now a father.

The Sub-Committee considered carefully the evidence submitted. While accepting that F.T. had not been convicted- it still considered that the conduct admitted to by F.T. could not be considered acceptable for a licensed driver. It considered that it was likely that F.T. had abused the trust given to him as a licensed driver and used his position to meet vulnerable people.  The Sub-Committee was not satisfied that F.T. would not misuse his position in the future. It therefore concluded that F.T. was not a fit and proper person to hold such a licence.

Resolved:

That the application is respect of F.T. be refused on the grounds that based on his admitted previous conduct F.T. is not a fit and proper person to hold such a licence.

(ii)               J.H.S (New Applicant)

Mr Ryan Ratcliffe, Licensing Officer, was in attendance and advised the Sub-Committee that J.H.S. had declared two historical offences in his application- one of theft or one of a sexual nature. While these offences had occurred in excess of thirty years they were still offences of a nature that the Hackney Carriage and Private Hire treated very seriously.

J.H.S was in attendance and made representations to the Sub-Committee. He expressed remorse for the two offences but emphasised that both were a long ago and his conduct since that date.

The Sub-Committee considered carefully the evidence and concluded that application should be granted given the time elapsed since the offences and their isolated nature when compared with the applicant’s conduct since the offences.

Resolved:

That the application in respect of J.H.S. be granted.

iii) M.S.F (Existing Licence Holder)

Mr Ryan Ratcliffe, Licensing Officer, was in attendance accompanied by Mr Dave Verity, Public Protection Officer, and advised that M.S.F had been referred to the Sub-Committee due to concerns regarding the state of the vehicle that he was driving. The vehicle had been stopped for a random spot check due to concerns as to its roadworthiness and then inspected at the Council’s Vehicle Maintenance Unit  ...  view the full minutes text for item 6.

(This item contains personal information regarding applicants and licence holders which is exempt from publication by virtue of Paragraph 1 of Part 1 of Schedule 12A of the Local Government Act 1972)

The Sub-Committee considered referrals in respect of

i)                    P.W.S

This referral was dealt with together with referral ii) J.S.C. as the two Licence Holders jointly held four Hackney Carriage vehicle licences.

Mr Ryan Ratcliffe, Licensing Officer was in attendance, he explained that a vehicle licensed jointly by P.W.S. and J.S.C. had had been stopped for a random spot check due to concerns as to its roadworthiness and then inspected at the Council’s Vehicle Maintenance Unit where it was found that the vehicle was not in a suitable state mechanically nor safe or comfortable for passengers. Of particular concern on this occasion were the vehicle’s tyres which were below the legal minimum. The driver’s role in this incident has been considered under Item 6- referral of A.A.

P.W.S. was in attendance and made representations to the Sub-Committee. He highlighted that both himself and J.S.C had held licences for many years. That the vehicle had been regularly maintained and inspected by a qualified mechanic who had identified an issue with the electrics but passed the vehicle as fit for use. He outlined his view that the tyre wear had been accelerated by a fault with the vehicle’s tracking- he also outlined that the drivers of the vehicle had not highlighted this issue of the tyres to himself or his fellow licence holder and that they could have easily had the tyre replaced at a number of local garages immediately.

The Sub-Committee considered carefully the evidence submitted by all parties. It concluded that while P.W.S. had taken steps to ensure that the vehicle was roadworthy. It was still clear that on this occasion- the vehicle was not in a mechanically suitable, safe or comfortable condition. The Sub-Committee concluded that while it would not be reasonable to revoke this licences on this occasion given lack of previous issues with the licence holders that these were serious faults with a licensed vehicle so that it was necessary and proportionate to issue a warning letter as to future conduct and impose conditions on the licence.

Resolved:

1.       That the referral be dealt by the issuing of a warning letter as to future conduct advising that if the licence holders were brought before the Sub-Committee again in the future, suspension or revocation could result.

2.      That the following conditions be added to the licence:

a)      The licence holder or their appointed suitably qualified taxi mechanic must inspect the vehicle on a weekly basis.

b)      The vehicle is to be serviced every 5000 miles

c)      Records of all servicing to be retained for 2 years

d)      Those records to be legible

e)      Those records to be produced to Enforcement or Police officers within 24 hours of the demand being made

f)       A record to be kept of all inspections carried out by yourself and those inspections to be carried out at least weekly.

ii)                  J.S.C.

This referral was dealt with together with referral i) P.W.S. as the two Licence Holders jointly held four Hackney Carriage vehicle licences.  ...  view the full minutes text for item 7.

To note the date of the next meeting as 31 July 2018.

To note the date of the next meeting as 3 July 2018.