A report from the Assistant Director (Localities) is attached.
Minutes:
1. Licence holder 05/2015 attended the meeting and was represented by his solicitor Mrs Ali. The Chair outlined the procedure to be followed and the Licensing Unit Manager read the report submitted by the Assistant Director (Localities) which was accepted by the licence holder and his representative.
Additional documentation by way of a case summary of events, along with a witness statement from the licence holder and copies of garage receipts were submitted at the meeting on behalf of the licence holder.
The licence holder was given the opportunity to address the Panel and explained through his legal representative that he had hired out the vehicle in question to another driver with whom he had a verbal agreement with regard to the maintenance of the vehicle. This other driver been out of the country and had left the vehicle with the licence holder who was driving the vehicle while he was away, to take it for its interim test. He had also booked the vehicle in for a re-spray and therefore had to reschedule the first test as the dates coincided. The licence holder acknowledged he was ultimately responsible for the maintenance of the vehicle but stated that he had to rely on third parties, who did not carry out the repairs satisfactorily, to ensure that he was compliant. He had taken the vehicle three times for repairs to be carried out.
The licence holder stated that during the period of time that the vehicle was in and out of the garage for repairs the vehicle had not been in use. He also through his representative pointed out he had been a licence holder since 2003 and had never appeared before the Panel before and that this would never happen again.
Delegated decision:
That upon considering the report, case summary, witness statement, garage receipts and the oral representations made, the Panel resolved, unanimously, to suspend the licence for a period of 6 months.
Pursuant to section 61 of the Local Government (Miscellaneous Provisions) Act 1976, the Panel was satisfied that licence holder’s attitude to his vehicle and its maintenance was clearly not of paramount concern and in particular they noted:
· There were a large number of faults detected on the vehicle on 3 separate occasions,
· There were a number of serious and dangerous faults detected including those which amounted to MOT failings
· These faults had clearly developed over a period of time
· Certain of the faults should have been obvious just from getting into and driving the vehicle
· That the catalogue of events that contributed to the licence holders failure to maintain his vehicle.
The licence holder was reminded of their right of appeal to the Magistrates’ Court within 21 days.
2. Licence holder 04/2015 attended the meeting with his wife. The Chair outlined the procedure to be followed and the Licensing Unit Manager read the report which was accepted by the licence holder and his wife. The licence holder was given the opportunity to address the Panel
Delegated decision:
After carefully considering the written report and oral statements from the licence holder, the Panel noted that following an admonishment issued in December 2014 no complaints had been received against the licence holder in the interim period.
In considering the Local Government (Miscellaneous Provisions) Act 1976, the Panel resolved, unanimously, that no further action be taken
3. A request was submitted from licence holder 06/2015 for the matter to be deferred, as the licence holder’s solicitor was unable to attend.
Delegated decision:
That the case relating to the driver identified as 06/2015 be deferred to a future meeting of this Panel.