Agenda and minutes

Apologies for absence were received from Councillor Broughton and Councillor Rowlands.

Members are asked to declare an interest in matters for consideration at the meeting.

None declared.

(Enclosure)

The minutes of the meeting held on 23^rd March were agreed as the correct record of the decisions taken.

In accordance with Section 100A of the Local Government Act 1972, it was resolved that the public be excluded because of the likelihood in view of the nature of the business to be transacted that if members of the public were present there would be disclosure to them of exempt information as defined in paragraphs 1 and 2 of Schedule 12A of the Act.

Report CSL005 by the Community Safety and Licensing Service Manager.

(Enclosure)

Decision

1)              That the Committee uphold the driver’s appeal and agree to remove the points issued. 

2)              The issue of congestion on the rank be looked into by the Licensing Officers together with the other partner agencies.

3)              Officers are reminded about the administration and accuracy of their reports.

The Committee wished to place on record a warning to the driver as to his future behaviour and to remind him that any further misconduct could result in him being bought back to the Committee.

The Committee Solicitor introduced those present and confirmed the name of the applicant.

The Licensing Officer then introduced the report and gave Members background information which had led the driver to being issued with penalty points following a reasonable request by a Licensing Officer.    She referred to the taxi rank situated on St Peter’s Hill and the parking situated outside the doctor’s surgery which required members of the public and hackney carriage driver’s to carry out u-turns to exit the road.  It also led to double parking by the hackney carriage driver’s which caused congestion on the road and this was added to by hackney carriage driver’s not using the first two spaces on the rank in accordance with the byelaws which governed the rank.  When enforcement of the byelaws was being undertaken the traffic congestion was alleviated but as soon as Licensing officers or the police left hackney carriage driver’s reverted back to not using the first two spaces.   In January 2012 the Council adopted a Hackney Carriage and Private Hire Policy Penalty point scheme to formalise a stepped approach to enforcement.  The Licensing Officer then outlined enforcement action that had taken place in February in accordance with the new policy and the issue of the penalty points to the Hackney Carriage Driver before Members today.

In response to the details before the Committee, the Hackney Carriage driver indicated that the dates were wrong and therefore he had no case to answer.   It was agreed that a typographical error had occurred and there was still a case to be answered.  A Member then asked when enforcement was undertaken, was this daily?  The Licensing Officer replied that no, it wasn’t daily.

The applicant was then asked to present his case once it had been clarified that he was there because of the penalty points issued to him which he was appealing against regardless of the incorrect dates given.

The applicant then presented his case and referred to both the position of the rank and its legislation and the Highway Code in relation to the distance from junctions and parking. Clarification was asked about the position of a notice concerning the start of the rank which had been erected to which the Licensing Officer replied.  He confirmed that the rank was marked out correctly and had the correct signage, he had consulted with Lincolnshire County Council as Highways Authority and the rank was suitable for usage and in a safe location provided it was used correctly.

The  ...  view the full minutes text for item 43.

The meeting closed at 11.45am.