Agenda item

(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 three existing Hackney Carriage vehicle licence holders that had given sufficient cause for concern as to be referred to the Sub-Committee for consideration.

Members discussed referrals as follows:

(i)                 JN – Existing Hackney Carriage Vehicle Licence Holder

Mr Ratcliffe, Licensing Officer presented the case on behalf of the Authority.

JN was in attendance and provided representations to the Sub-Committee.

Mr Ratcliffe advised that JN had been the operator of a vehicle that had been identified as having a number of serious defects. The Vehicle and Operator Services Agency (VOSA) subsequently requested that service documentation for the vehicle be produced and issued a PG9 Prohibition notice to remove the vehicle from the road in the interests of public safety.

JN advised that he had been unaware of the vehicle’s defects and in his opinion, many of them would have been difficult to discover without specialist equipment. He added that the vehicle had been checked during regular interim services as per the conditions imposed on the licence and any faults identified had been immediately repaired.

The Sub-Committee expressed concern at the fact that regular servicing had failed to establish any of the mechanical defects listed in the report. In addition, the operator had taken a minimalist approach to maintenance and not taken any responsibility for the vehicles poor condition. However, Members noted that the operator had produced some service documentation to support his claims about regular maintenance.

Resolved:

1.      That the vehicle licence be suspended for a period of 14 days on the grounds that the operators conduct had fallen short of expected standards and to allow time for reflection and encourage future compliance.

2.      That the conditions on the licence be amended to include a requirement for additional regular testing of the vehicle’s brakes and emissions and for all future service documentation to include details of the individual vehicle’s registration and mileage.

(ii)               SJN – Existing Hackney Carriage vehicle licence holder

Mr Ratcliffe, Licensing Officer presented the case on behalf of the Authority.

SJN was in attendance and provided representations to the Sub-Committee.

Mr Ratcliffe advised that SJN had been the operator of a vehicle that had been identified as having a number of serious defects. The Vehicle and Operator Services Agency (VOSA) subsequently requested that service documentation for the vehicle be produced and issued a PG9 Prohibition notice to remove the vehicle from the road in the interests of public safety.

Mr Ratcliffe advised that in his opinion, the operator had failed in his responsibility to maintain a vehicle in his charge and allowed its condition to deteriorate. He added that some of the faults that VOSA technicians had identified presented a significant risk to public safety.

SJN explained that in his opinion, he had a comprehensive service schedule in place for the vehicle and produced a number of documents for Members to consider detailing works carried out on the vehicle. He added that many of the defects had required specialist equipment to identify.

The Sub-Committee expressed concerns with the standard of the vehicle at the time it was taken out of service. Also noted was the operator’s previous appearance before the Sub-Committee under similar circumstances and Members questioned the effectiveness of regular inspections SJN claimed to have had carried out on the vehicle. However, it was agreed that many of the defects had been suitably explained and the operator seemed to have a good mechanical knowledge.

Resolved:

1.      That the licence holder be issued with a warning letter in relation to future conduct indicating that in the event of a further incident, the licence would be revoked or suspended. 

2.      That the conditions on the licence be amended to include a requirement that all future service documentation should include details of the individual vehicle’s registration and mileage.

(iii)             PD – Existing Hackney Carriage vehicle licence holder

Mr Ratcliffe, Licensing Officer, presented the case on behalf of the Authority.

PD was in attendance and provided representations to the Sub-Committee.

Mr Ratcliffe advised that PD had been the operator of a vehicle that had been identified as having a number of serious defects. The Vehicle and Operator Services Agency (VOSA) subsequently requested that service documentation for the vehicle be produced and issued a PG9 Prohibition notice to remove the vehicle from the road in the interests of public safety.

Mr Ratcliffe described a number of defects on the vehicle, many of which should in his opinion, have been identified by a responsible operator.

PD explained that generally she had little contact with the driver of the vehicle and often had difficulty in arranging a mutually convenient time to inspect the vehicle. She added that in her opinion, she had been let down by the driver who had abused her trust.

Members expressed concern about the lack of communication between the vehicle operator and driver and the fact that nether seemed ready to accept responsibility in relation to the vehicles poor condition. Furthermore, the operator had entrusted regular inspection of the vehicle to the driver. However, the operator expressed regret at the vehicles condition and reported that as soon as she had been made aware of the faults they were immediately rectified.

Resolved:

1.      That the vehicle licence be suspended for a period of six weeks on the grounds that the operators conduct had fallen short of expected standards to allow time for reflection and encourage future compliance.

2.      That the various conditions as outlined in the report and listed below be imposed on the licence with the additional requirement that in future, all service documents should contain both the vehicle registration and mileage information.

The Conditions to be imposed on the licence were listed as:

·         The licence holder or a suitably qualified mechanic must inspect the vehicle on a weekly basis

·         The licence holder is to implement a vehicle safety inspection regime to be undertaken at a minimum of every two months by a qualified motor engineer. Such records to be kept for 2 years.

·         Records of all servicing to be retained for 2 years.

·         All service/inspection records must be legible

·         All records to be produced to enforcement or police officers within 24 hours of the demand being made.

·         The licence holder must implement a procedure to ensure that drivers do a visual inspection of the licensed vehicle each time that they take charge of that vehicle and report any faults with it to the licence holder.

Background papers: exempt