Agenda and minutes

Councillors Seacome, Stennet, Walklett and Whyborn

Councillors Stennett, Walklett and Whyborn.

None

These must be received no later than 12 noon on the fourth working day before the date of the meeting

None

Councillor Helena McCloskey had attended as an observer at this meeting, and upon this amendment it was resolved that the minutes of the meeting held on 6 September 2013 be agreed and signed as a true record.

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None

Mr Paul Spicer

Amelia Byres, Senior Licensing Officer introduced the report as circulated with the agenda.  This is a review of Mr Spicer’s Hackney Carriage Driver’s Licence.

Mr Spicer has convictions on his DVLA driving licence, the details of which are attached to the background report.

Mr Spicer received 6 points on his driving licence for driving without due care and attention.  This was as a result of driving through a red light at a railway crossing.  Amelia Byres confirmed that Mr Spicer contacted the Licensing Department straight away to advise them of the offence.

Mr Spicer attended the Committee and spoke in support of his licence.  He said the offence occurred on a Sunday morning and there was no one else on the road.  The railway crossing was manned and he was waved through even though the lights were red.  As a result of this offence he had to go to Court and paid a fine of £1000.

Members asked the following questions:

• A Member stated they were happy that Mr Spicer had followed all of the correct procedures by way of getting in contact with the Licensing Department straight away.
• A Member raised concern about the offence and felt this was very serious and Mr Spicer should not do this again.
• Mr Spicer confirmed he had since been waved through again at the same crossing but had and would not go through the crossing if the lights were red.
• When asked, Mr Spicer said he was driving at 20mph when he drove through the crossing.
• When asked, Mr Spicer confirmed he had a passenger in his vehicle at the time of the offence.
• When asked, Mr Spicer advised that he did not have any other convictions for driving without due care and attention.
• A Member asked if any evidence had been received from the Railway Authority about this situation.  The Member asked that if the barrier was not down and Mr Spicer had been waved through, why was he here in front of the Licensing Committee today.
• Mr Spicer confirmed there was no evidence given in Court and he had pleaded guilty.
• Amelia Byres advised the Committee that it is up to the driver to prove they are not guilty.  As a result of the Court proceedings Mr Spicer received a fine and 6 penalty points on his DVLA driver’s licence.  It is now up to the Committee to make a decision about Mr Spicer’s Hackney Carriage driver’s licence.
• A Member stated that the driver is responsible for their own actions.
• Mr Spicer said the railway crossing had been manned and was waved through as the barriers were still up.  For this reason he thought the signalman was letting him through and all was ok.
• A Member stated that when the traffic lights are red the driver should stop.
• A Member asked how Mr Spicer was prosecuted did a camera take a photograph of him crossing the barriers when the light was red?
• Mr Spicer confirmed that he was prosecuted by  ...  view the full minutes text for item 6.

That in accordance with Section 100A(4) Local Government Act 1972 the public be excluded from the meeting for the remaining items of business as it is likely that, in view of the nature of the business to be transacted or the nature of the proceedings, if members of the public are present there will be disclosed to them exempt information as defined in paragraph 1, 2 and 7, part 1 Schedule 12A (as amended) Local Government Act 1972, namely:

Information relating to any individual,

Information which is likely to reveal the identity of an individual,

Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.

Unanimously agreed.

Mr David Waring

Members were advised they had the following recommendations to vote on.

1.                  Mr Waring’s Private Hire driver’s licence be continued with no further action because the Committee is satisfied that Mr Waring is a fit and proper person to hold such a licence, or

2.                  Mr Waring’s Private Hire driver’s licence be revoked as the Committee considers Mr Waring is no longer a fit and proper person to hold a Private Hire driver’s licence.

Upon a vote it was (0 for 8 against) that

Mr Waring’s Private Hire driver’s licence be continued with no further action because the Committee is satisfied that Mr Waring is a fit and proper person to hold such a licence

Upon a vote it was unanimously

RESOLVED, that Mr Waring’s private hire driver’s licence be revoked with immediate effect, but that if his situation changed with regard to his challenge of his caution he would need to make a new application and come back to this Committee.

That the thanks of the committee to Amelia Byres for her competent and efficient work in connection with licensing be put on record as she leaves the employment of the council to emigrate to Dubai.

1 November 2013

1 November 2013