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

The Licensing Officer presented the report and advised that VOSA and West Mercia undertook a joint vehicle check at Blackmarsden School on 6 March 2013.  During the inspection vehicles H055 and H275 both were found with defective tyres. 

Mr Bairkdar addressed the Sub-Committee on behalf of his wife, Mrs Hussini. He advised that the vehicles were checked regularly and that he had purchased a tyre shop in order to ensure that his vehicles remained compliant. He advised that he had tried to contact the driver to get the matter remedied and had believed that the faulty tyre had been changed.

In response to a question Mr Bairkdar confirmed that he believed that the tyre on vehicle H055 had been replaced and that he had attempted to contact the driver of vehicle H275 in order to arrange a replacement. He added that one the vehicles had only been MOT’d recently and he was therefore surprised that the tyre had worn so quickly.

Mr Bairkdar advised the Sub-Committee that he had been out of the County during the time of the checks as his son had been in hospital following a road accident.

Members voiced their concern over the efficiency of the inspection routine undertaken by Mr Bairkdar. They considered revoking both of the licences but decided on a final warning.

RESOLVED

THAT the Regulatory Sub Committee:

(a)          Issue 4 Penalty Points for each vehicle for a breach of Standard Condition B10 (Failure by driver or proprietor to take reasonable precautions to ensure the safety of passengers);

(b)          Issue a final warning, that if the vehicle is found with defective tyres  in the future the licences will be revoked and the vehicles will not be able to be licensed in Herefordshire in the future;

(c)          Instructs that all vehicles be checked within one calendar month of today’s meeting.

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

It was noted that the licence holder was unable to attend the meeting but that she had sent her husband to represent her. Members were concerned that they had not seen a written request from the licence holder and decided to defer the consideration of the matter for 1 month.

RESOLVED

THAT the matter be deferred for one month.