To determine if the proprietor and vehicle remain suitable to be licensed.

The Licensing Officer presented the report and advised that the vehicle had received 18 penalty points after being inspected subsequent to the VOSA inspection at Blackmarston School. As a result of adding an additional seat to the vehicle a further four penalty points were recommended resulting in the vehicle being subject to a total of 22 penalty points, significantly over the 16 points permitted on the vehicle in any 12 month period.

Mr Oakley-Davies advised the Sub-Committee of the reasons that had resulted in an extra seat being added to the vehicle. He further advised that a number of procedures had now been put in place to ensure a similar situation did not arise in the future. All drivers had been written to in order to ensure they were aware of their responsibilities as well as giving them clear guidance in respect of the daily checks they were required to undertake on the vehicles. He apologised to the Sub-Committee and assured Members that the incident would not be repeated.

In making its decision the sub-committee noted that the 18 penalty points imposed on the vehicle at its recent inspection were not due to passenger safety issues. It therefore took a lenient view and decided that the licence should not be suspended.

RESOLVED

THAT Committee:

(a)       Issue 4 further Penalty Points for making alterations to the vehicle without consent (adding a seat into vehicle);

(b)       and issue a final warning, that if the vehicle is found to be defective; altered in the future; or subject to further penalty points in the next 12 months, the licence will be revoked and the vehicle will not be able to be licensed in Herefordshire in the future.

To determine if the proprietor and vehicle remain suitable to be licensed.

The Sub-Committee gave consideration to a recommendation from the Licensing Officer that the Vehicle Proprietor’s Licence be subject to four penalty points. The recommendation was bought to the Sub-Committee after the vehicle was inspected as part of a joint operation between VOSA and West Mercia Police.

Prior to making their decision the Sub-Committee heard from the licence holder, who explained the reasons which had led to the vehicle being fitted with an additional seat at the time of the inspection.

In view of the evidence put before it, the Sub-Committee decided that the matter should be adjourned for a period of one month in order for further evidence to be put forward by the Licensing Department regarding the current penalty points allocated to the vehicle.

RESOLVED

THAT the matter be deferred for one month.