Applications, Decisions and Notices

Road Transport Licensing Committee

Bing Kied Carbid Th ATh Ap Chairman: Mr D Evans

Ground Floor, Prospect House, 27-29 Prospect Hill, Douglas, Isle of Man, IM1 1ET Tel: (01624) 651564 Fax: (01624) 651565 Email: [email protected] Website: www.gov.im/rtlc

Circular No: 342

APPLICATIONS, DECISIONS AND NOTICES

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11 March 2011

1 DECISIONS

The Road Transport Licensing Committee Regulations 2002 make detailed provision for the proceedings of the Road Transport Licensing Committee, and require the Committee to publish Circulars containing details of certain Applications, Meetings and Decisions.

Rights of Appeal and the procedures for Appeal against Decisions of the Road Transport Licensing Committee are detailed under statutory provisions contained in Section 21 and Section 60 of the Road Transport Act 2001. It should be noted that any Appeal must be made to the High Bailiff within 21 days from the date of this Circular.

Applications publicised in A, D & N Circular No’s. 331, 333, 334, 336, 337, and 338 were heard and considered at meetings held in public on the 11th January, 8th February, 15th February, 1st March 2011, and the Committee’s decisions and the reasons for their decisions are as follows:-

A, D & N Circular No. 331

Application for Variation of a Regular Service Licence with effect from 16 January 2011

Department of Community Culture & Leisure, t/a Bus Vannin, Banks Circus, Douglas

Licence Ref: 2/17 – Journeys to Cregneash and The Sound

The applicant had applied to suspend the Sunday Service 8A to Cregneash and The Sound until the recommencement of the steam railway services on Sunday 13 March 2011.

The Committee acknowledged that the service was timed to integrate with the steam railway services on a Sunday, by transporting passengers between Port Erin, and The Sound and Cregneash. It was noted that the service was little used during the winter months, and so the applicant had decided to apply to suspend the service until the recommencement of steam railway services on 13 March.

The Committee was satisfied that Bus Vannin was seeking to make better use of its resources, and that the proposed change was in the public interest.

It was decided therefore, that having taken into account the provisions of Section 27 and 28 of the Road Transport Act 2001, the applications be granted.

A, D & N Circular No’s 333 and 336

Applications to vary bus services with effect from 28 February 2011

Department of Community, Culture & Leisure, t/a Bus Vannin, Banks Circus, Douglas

Licence Ref: 02/08 – Journeys between Douglas and Port Erin

The applicant had applied to delete the 14:11 schooldays Service 2 journey from Port Erin to Douglas.

2 Licence Ref: 02/13 – Journeys between Douglas and Ramsey via Peel

The applicant had applied to run the 09:40 Douglas to Ramsey via Peel Service 6 as a Service 6C on Mondays to Saturdays.

Licence Ref: 02/19 – Journeys between Douglas and Ramsey via Laxey

The applicant had applied to amend the Service 13 timetable, to run the Monday to Friday 17:40 Douglas to Ramsey Service 3 journey at 17:45 and 5 minutes later throughout the journey.

The applicant had also applied to run the 10:05 Ramsey to Douglas and 13:40 Douglas to Ramsey journeys via Loch Promenade and not by Woodbourne Road and Bucks Road, and also to vary the route in Ramsey on Mondays to Fridays and Saturdays.

The applicant had applied to transfer Service 13 journeys from Licence Ref: 02/19 to Licence Ref: 02/48.

Licence Ref: 02/36 – Journeys between Douglas and Willaston

The applicant had applied to run Service 22 journeys to Lakeside Road (instead of Service 22A) and Campion Way, and not to the Manx Arms.

Licence Ref: 02/44 – Journeys between Douglas and Anagh Coar

The applicant had applied to vary Services 21/21A/21B timetables.

Licence Ref: 02/48 – Journeys between Douglas and Onchan

The applicant had applied to amend the Service 23/25 and Service 30 timetables.

Licence Ref: 02/08 – Journeys between Douglas and Port Erin

The applicant had applied to run the 06:55 Port St Mary Service 12 journey 10 minutes earlier at 06:45 throughout the journey to Birch Hill, and to run the 08:18 Birch Hill Service 12 journey 10 minutes earlier at 08:08 throughout the journey until arrival at Lord Street.

The Committee noted that the applicant had applied to vary a number of Section 25 Regular Service Licences, and that the applications contained adjustments to bus timetables following a three monthly review by the operator of the New Bus Network that had been introduced in September 2010.

It was noted that no objections had been received in connection with the applications, but that one representation had been received from Kirk Michael Commissioners in connection with proposed changes to Licence No. 02/13. It was acknowledged that the Commissioners had commended Bus Vannin on the changes to the bus timetable, and that they fully supported the operator in proactively recognising passenger needs in the area.

The Committee noted that Mr Longworth had explained that the applications reflected a careful analysis of Bus Vannin’s view of bus services on the Island following the introduction of the new bus network, and that the proposed changes were effectively a tidying up exercise for operational reasons. Mr Longworth added that whilst changes had been anticipated, there had been no cause for a dramatic rethink.

The Committee expressed some concern regarding the proposed changes to bus services to and from the Willaston area, which would result in Service 22 no longer serving the Manx Arms area of Onchan. It was acknowledged that whilst the proposed changes would improve some services to 3 Willaston residents, such changes may inconvenience passengers in the Onchan area. It was noted that the proposed changes were a political rather than a professional decision, and it was acknowledged that the application caused some difficulty in so much as the Committee has a duty to determine whether any such changes are in the public interest.

Concern was expressed that the public were not being well served by the processes of the RTLC and Bus Vannin, with regard to consultation on changes to bus services, and also that Government did not have a policy with regard to access to public transport.

Reference was made to the loss of the skipper service in Ramsey as a result of the introduction of the New Bus Network, but the Committee acknowledged an assurance from Mr Longworth that Bus Vannin had made arrangements to meet with Ramsey Commissioners to address any concerns raised by bus passengers in Ramsey and the north of the Island.

The Committee acknowledged that the proposed changes to the timetables and routes had been made as a result of a careful analysis of passenger flows and feedback from the public, following the implementation of the New Bus Network.

The Committee gave careful consideration to the provisions of Section 27 of the Road Transport Act 2001, and it was agreed that except for Licence Ref: 02/36, the proposed changes were in the public interest, and that they would be of benefit to the travelling public.

It was decided therefore, that having taken into account the provisions of Sections 27 and 28 of the Road Transport Act 2001, the applications be granted, except for Licence Ref: 02/36.

It was decided to defer a decision in respect of the variation to Licence Ref: 02/36, in order to enable a discussion to take place between the Committee and the Minister and Officers of the Department of Community, Culture & Leisure, in order to highlight the Committee’s concerns regarding the process for hearing and determining applications, and to seek further evidence of the rationale behind the proposed changes to journeys between Douglas and Willaston at the expense of residents in the Onchan area.

Application for a Ply for Hire Service Licence and to Register as a New Operator under Part ‘A’ of the Register of Public Passenger Vehicle Operators

Mr R P Henry, 10 Ballachurry Close, Onchan

The applicant had applied to provide a service of Ply for Hire through the provision of one Ply for Hire taxi in the East District, following the transfer of business under the provisions of the Road Transport (Continuance of Registration or Licence on Death etc) Regulations 2002, from the previous operators Mr B and Mrs S Young.

It was noted that the Operating Centre had been identified in the application as the applicant’s home address at 10 Ballachurry Close, Onchan, and that an assurance regarding the suitability of the proposed Centre had been received from the Planning Section at the Department of Infrastructure.

It was also noted that the Transport Manager had been identified in the application as Mr D Musgrove.

The Committee noted that Mr and Mrs Young had decided to sell their taxi business for operational reasons, and that the applicant had gained some knowledge and experience of the taxi industry through his employment as a taxi driver. It was acknowledged that Mr Henry was seeking the opportunity to operate his own taxi business, and that he intended to operate the taxi in conjunction with a Service Provider. 4 It was noted that Mr Henry only had a limited knowledge of the taxi industry on the Island, and that he had appointed Mr Musgrove as his Transport Manager to provide the appropriate advice and guidance in the running of the business. It was noted that Mr Musgrove was well placed to provide such assistance.

It was decided therefore that Mr Henry’s application for a Ply for Hire Service Licence and to register as a New Operator under Part ‘A’ of the Register of Public Passenger Vehicle Operators, be granted.

It was also decided that in accordance with Section 16 of the Road Transport Act 2001, the following Conditions be recorded on the applicant’s Operator Registration: -

1. Mr D Musgrove to act as Transport Manager for the taxi business for a minimum period of 12 months.

2. Whenever possible, one Ply for Hire taxi to preferably be kept off-road at the approved Operating Centre at 10 Ballachurry Close, Onchan.

Application for a Ply for Hire Service Licence and to Register as a New Operator under Part ‘B’ of the Register of PPV Operators

Mr C R Watts, 50 Erin Way, Port Erin

The applicant had applied to provide a Section 29 service of Ply for Hire through the provision of one Ply for Hire taxi in the Malew District.

It was noted that the Operating Centre had been identified in the application as 50 Erin Way, Port Erin, and that an assurance regarding the suitability of the proposed Centre had been received from the Planning Section at the Department of Infrastructure.

It was also noted that the applicant had applied to provide a service with a saloon or estate type taxi.

The Committee noted that objections to the application had been received from taxi operators, Mr N Devereau of Bunty’s Taxis, and Mr P Kermode.

The Committee noted that the applicant had gained a knowledge of the taxi industry through his employment as a taxi driver, and that he was now seeking an opportunity to operate his own taxi business.

The Committee noted that the applicant’s evidence was based on his own experience and observations as a taxi driver, and that he considered that there was a shortage of taxis at the Airport at certain times.

The Committee referred to recommendations contained in a taxi survey report issued in December 2006, and acknowledged that the findings would assist them in their decision making with regard to applications for Section 29 licences. It was noted that the report had concluded, “that there did not exist a significant unmet demand for Ply for Hire taxis across the IOM at this time”.

The Committee expressed concern, regarding the methodology of the survey and its doubtful merit as the sole means of assessing the Ply for Hire needs on the Island. It was acknowledged that the Committee had previously expressed their concerns to the Department of Infrastructure regarding the 5 methodology of the survey, both before, during and after the survey had been carried out. It was agreed that if consideration was to be given to a further survey it would need to be of a different type.

The Committee noted that the survey had pointed out “that the anticipated useful life of the current survey is three years provided there are no significant changes in demographics, development and lifestyle on the Island, and that it had been recommended that another survey be carried out during 2009”.

The Committee noted that it was evident that there was an expectation that a further study would be carried out at some stage. It was noted however that the survey had been carried out in 2006, and so it had been carried out over three years ago. The Committee was mindful that the transitional provisions of paragraph 3.4(a) of Schedule 2 of the Road Transport Act 2001, required the Committee to determine “whether there are, or are likely to be, enough Section 29 licences to fulfil all reasonable needs at all times and places within a District”.

The Committee then referred to the Department of Infrastructure’s report and recommendations on the future of the taxi industry, which were approved by Tynwald in July 2009. In particular, the Committee noted that Tynwald had agreed that a demand point be determined in order to assist the RTLC in their decision making in relation to applications for new taxi licences, and the difficulties associated with the limitation of such licences. The Committee was disappointed to note however, that it was evident that little progress had been made regarding the implementation of the recommendations contained in the report, and also that the Attorney Generals Chambers had stated that it was estimated that any legislative changes would take at least 18 to 24 months to come into force.

The Committee also noted that the Department of Infrastructure had carried out a consultation exercise in November 2010, in conjunction with a proposal to remove the current licensing system and introduce an all-Island taxi licensing regime. It was further noted however, that the outcome of the consultation was still awaited.

The Committee then gave consideration to two objections that had been received in connection with the application, and it was noted that the objectors considered that the Airport was already adequately served, and that there was no need for an additional taxi to serve the Malew District. It was noted that the objectors had acknowledged that demand at the Airport only ever existed on a Sunday evening, and that transport for any waiting passengers was accommodated under a Private Hire arrangement.

It was further noted that one objector, Mr Devereau, had questioned the applicant’s financial standing, but that the matter was subject to Court proceedings.

The Committee then gave careful consideration to the case presented by the applicant, and noted that whilst the transitional provisions of Schedule 2 of the Act were in place, the Committee is required to determine whether there are, or are likely to be, enough Section 29 Ply for Hire licences to fulfil all reasonable needs at all times and places within a District.

It was noted that no evidence had been provided by the applicant to indicate that there is a need for an additional taxi licence in the Malew District. The Committee referred in particular to the requirements of paragraph 3.4(a) of Schedule 2 of the Act, and having taken into account all aspects of the case, the Committee could not be satisfied that sufficient evidence of demand had been presented in support of the application.

It was decided therefore that the application be refused.

6 Application to Register as a New Operator under Part ‘A’ of the Register of Public Passenger Vehicle Operators

Mr A O’Donovan, 13 Central Apartments, Douglas

The applicant had applied to provide a service of Private Hire through the provision of one Class ‘A’ Modern Style Executive Private Hire car.

It was noted that the Operating Centre had been identified in the application as the applicant’s home address at 13 Central Apartments, Douglas, and that an assurance regarding the suitability of the proposed Centre had been received from the Planning Section at the Department of Infrastructure.

It was also noted that the applicant had nominated taxi operator, Ms V Fairhurst, as the Transport Manager for the proposed business.

The Committee noted that the applicant had gained a limited knowledge and experience of the taxi industry through his employment a a taxi driver since 2010, and that he was seeking the opportunity to operate his own Private Hire business by providing a quality service in conjunction with a Service Provider.

It was noted that the applicant had nominated Ms V Fairhurst as his Transport Manager in order to provide him with the appropriate advice and guidance in the running of the business. The Committee acknowledged that Ms Fairhurst was registered as a PPV Operator, and that she was suitably experienced to fulfil such role.

The Committee acknowledged that the operation of Private Hire vehicles was provided for under the authority of Operator Registration, and that legal advice had confirmed that the Committee was obliged under Section 10 of the Road Transport Act 2001, to grant such applications provided that the relevant requirements of the Act had been fulfilled.

The Committee was satisfied that the applicant had met the requirements of Section 10 of the Road Transport Act 2001, and it was decided therefore that the application by Mr O’Donovan to Register as a New Operator under Part ‘A’ of the Register of PPV Operators, and to provide a service with a Class ‘A’ Modern Style Executive Private Hire car, be granted, subject to a suitable reference from a second referee.

It was also decided that in accordance with Section 16 of the Road Transport Act 2001, the following Conditions be recorded on the applicant’s Operator Registration: -

1. Ms V Fairhurst to act as the Transport Manager of the Private Hire business for a minimum period of 12 months.

2. Whenever possible, one Private Hire car to preferably be kept off-road at the approved Operating Centre at 13 Central Apartments, Douglas.

Application for a Variation of Operator Registration under Part ‘A’ of the Register of Public Passenger Vehicle Operators

Ms D McWilliams, 1 St Catherines Drive, Douglas

The applicant had applied to provide a service of Private Hire through the provision of one Private Hire Minibus, following the transfer of business under the provisions of the Road Transport (Continuance of Registration or Licence on Death, etc) Regulations 2002, from the previous operator, Mr S Cowin. 7 It was noted that the Operating Centre had been identified in the application as Trentham, The Eairy, Foxdale, and that an assurance regarding the suitability of the proposed Centre had been received from the Planning Section at the Department of Infrastructure.

The Committee noted that Mr Cowin had decided to leave the taxi industry in order to take up alternative employment, and that Ms McWilliams was seeking to benefit and enhance her existing business through the operation of a minibus.

The Committee was satisfied that the applicant had met the requirements of Section 17 of the Road Transport Act 2001, and that the provisions of the Road Transport (Continuance of Registration or Licence on Death, etc) Regulations 2002, had also been fulfilled.

It was decided therefore, that the application be granted.

It was also decided that in accordance with Section 17 of the Road Transport Act 2001, the following Undertaking be recorded on the applicant’s Operator Registration:-

“Whenever possible, one minibus to preferably be kept off-road at the approved Operating Centre at Trentham, The Eairy, Foxdale”.

Application to Register as a New Operator under Part ‘A’ of the Register of Public Passenger Vehicle Operators

Mr E Frost & Mr R Clay, 19 Manor Park, Onchan

The applicants had applied to provide a service of Private Hire through the provision of two Class ‘A’ Modern Style Executive Private Hire cars, following the transfer of business under the provisions of the Road Transport (Continuance of Registration or Licence on Death, etc) Regulations 2002, from the previous operator, Mr D G Alcock.

It was noted that the Operating Centres had been identified in the application as 19 Manor Park, Onchan, for which an assurance from the Planning Section at the Department of Infrastructure had been received, and 25 Campion Way, Douglas, for which an assurance was still awaited.

It was also noted that the applicants had nominated Mr D G Alcock as the Transport Manager for the proposed business.

The Committee acknowledged that subject to a decision in respect of Mr Frost and Mr Clay’s application to register as PPV Operators, they had also applied to vary Operator Registration through the addition of one Class ‘A’ Executive Private Hire car. It was noted that the Operating Centre for the additional vehicle had been identified in the application as the Coach House, Ballabeg, and that an assurance regarding the proposed Centre had previously been received from the Planning Section at the Department of Infrastructure.

The Committee noted that the applicants were seeking an opportunity to operate an executive Private Hire business, and that they were committed to providing a high quality service to the public. It was evident that the applicants had taken over an existing client base as part of the purchase of the business, and whilst they had limited experience of the taxi industry, they had nominated Mr Alcock as the Transport Manager of the proposed business.

8 The Committee was satisfied that the applicants had met the requirements of Section 10 of the Road Transport Act 2001, and it was decided therefore that the application by Mr Frost and Mr Clay to register as New Operators under Part ‘A’ of the Register of PPV Operators, and to provide a service with two Class ‘A’ Modern Style Executive Private Hire cars, be granted.

It was also decided that in accordance with Section 16 of the Road Transport Act 2001, the following Conditions be recorded on the applicant’s Operator Registration: -

1. Mr D G Alcock to act as Transport Manager for the Private Hire car business for a minimum period of 12 months.

2. Whenever possible, one Private Hire car to preferably be kept off-road at the approved Operating Centre at 19 Manor Park, Onchan, and subject to an assurance from the Planning Section, the second Private Hire car to preferably be kept off-road at the Operating Centre at 25 Campion Way, Douglas.

The Committee then gave consideration to the second part of the application, and noted that the applicants had applied to operate an additional Private Hire car.

It was evident that the applicants were satisfied that there was sufficient demand for a third vehicle to support the business, as they were currently having to pass work on to another operator.

The Committee acknowledged that the operation of Private Hire vehicles was provided for under Operator Registration, and that legal advice had confirmed that the Committee was obliged under Section 10(8) of the Road Transport Act 2001, to grant such applications provided that the relevant requirements of Section 10 of the Act had been fulfilled.

The Committee was satisfied that the applicants had met the requirements of Sections 10 and 17 of the Road Transport Act 2001, and it was decided therefore that the application to operate an additional Class ‘A’ Modern Style Executive Private Hire car, be granted.

Application for a Variation of Operator Registration under Part ‘A’ of the Register of Public Passenger Vehicle Operators

Mr W V Lightbody, K&B Carriages Ltd, 11 Pinehurst Avenue, Braddan

The applicant had applied to vary his Operator Registration by removing a condition relating to one of his Class ‘A’ Modern Style Executive Private Hire cars, whereby the vehicle is currently restricted to providing a service in conjunction with weddings and special occasions only.

It was also noted that the applicant had applied to decrease his fleet of vehicles by removing two Class ‘B’ Classic Private Hire cars, and increase his fleet through the operation of two unrestricted Class ‘A’ Modern Styles Executive Private Hire cars.

The Committee noted that if the application was approved, it would make provision for the applicant to operate four unrestricted Class ‘A’ Modern Style Executive Private Hire cars.

The Committee noted that Mr Lightbody was seeking to facilitate increasing demand for high quality cars to support his business, and also to offer more choice of vehicles to his customers. The Committee acknowledged that the applicant was seeking to improve and expand his business, through the removal of the restrictions that applied to three of his four vehicles.

The Committee was satisfied that Mr Lightbody was committed to providing a quality service to the public, and that he had met the requirements of Section 17 of the Road Transport Act 2001. 9 It was decided therefore that the application be granted.

Application for a Variation of Operator Registration under Part ‘A’ of the Register of Public Passenger Vehicle Operators

Mr R Wilcox, 6 Barna Beg, Port St Mary

The applicant had applied to vary his Operator Registration by reducing his fleet of vehicles by one Class ‘A’ Modern Style Executive Private Hire car. It was noted that the Operator currently had approval to operate two Class ‘A’ Modern Style Executive Private Hire cars.

The Committee acknowledged that Mr Wilcox had made the application for operational reasons, as he had found that he could not support his business with a second vehicle.

The Committee was satisfied that the applicant had met the requirements of Section 17 of the Road Transport Act 2001, and it was decided therefore that the application be granted.

Application for a Variation of Operator Registration under Part ‘A’ of the Register of Public Passenger Vehicle Operators

Corkish Limousines, Kingswood Grove, Douglas

The applicant had applied to vary Operator Registration through a change of operator details, namely the change of the business name from Corkish Limousines to Kingswood Funeral Home Ltd.

The Committee was satisfied that the applicant had met the requirements of Section 17 of the Road Transport Act 2001, and it was decided therefore that the application be granted.

Application for a Variation of a Ply for Hire Service Licence and Operator Registration under Part ‘A’ of the Register of Public Passenger Vehicle Operators

Mr D Oldland, t/a Lezayre Cabs, 84 Greenlands Avenue, Ramsey

The applicant had applied to provide a service of Ply for Hire through the provision of one Ply for Hire taxi in the Northwest District, following the transfer of business under the provisions of the Road Transport (Continuance of Registration or Licence on Death, etc) Regulations 2002, from the previous operator, Crennell’s Garage Ltd.

It was noted that the Operating Centre had been identified in the application as 84 Greenlands Avenue, Ramsey, and that an assurance regarding the suitability of the proposed Centre was awaited from the Planning Section at the Department of Infrastructure.

It was also noted that the applicant currently had approval to operate one Ply for Hire taxi in the Northwest District.

The Committee acknowledged that Mr Oldland was seeking to takeover part of a taxi business in order to expand his existing business and facilitate demand for his services. It was noted that Mr Oldland was not taking over any actual business from the previous operator, as the licence had been dormant for a period in excess of 12 months.

The Committtee was satisfied however, that the taxi would be better utilised and improve services to residents in Ramsey and the north of the Island. 10 The Committee was satisfied that the applicant had met the requirements of Section 17 of the Road Transport Act 2001, and that the provisions of the Road Transport (Continuance of Registration or Licence on Death, etc) Regulations 2002, had also been fulfilled.

It was decided therefore, that the application be granted.

It was also decided that in accordance with Section 17 of the Road Transport Act 2001, and subject to an assurance regarding the suitability of the proposed Centre from the Planning Section at the Department of Infrastructure, the following Undertaking be recorded on the applicant’s Operator Registration:-

“Whenever possible, one Ply for Hire taxi to preferably be kept off-road at the approved Operating Centre at 84 Greenlands Avenue, Ramsey”.

Application to Register as a New Operator under Part ‘A’ of the Register of Public Passsenger Vehicle Operators

Mr K Shannon, Pro-Tec Security Ltd, 17 Clybane Rise, Farmhill, Douglas

The applicant had applied to provide a service of Private Hire through the provision of one Class ‘A’ Modern Style Executive Private Hire car.

It was noted that the Operating Centre had been identified in the application as 17 Clybane Rise, Farmhill, and that an assurance regarding the suitability of the proposed Centre had been received from the Planning Section at the Department of Infrastructure.

It was noted that the applicant had been unable to attend the hearing, and so it was decided to defer the application until the next available meeting.

A, D & N Circular No. 333

Application to vary a Regular Service Licence

Department of Community, Culture & Leisure, t/a Bus Vannin, Banks Circus, Douglas

Licence Ref: 02/36 – journeys between Douglas and Willaston

The Committee referred to applications heard at the public meeting held on 8 th February 2011, and noted that it had been decided at that time to defer a decision in respect of the proposed variation to Licence Ref: 02/36, in order to enable further discussions to take place between the applicant and the Committee. The Chariman explained that the Committee wanted to highlight the difficulties surrounding the process followed in hearing and determining applications, and to seek further evidence and rationale behind the proposed changes to journeys between Douglas and Willaston, apparemtly at the expense of residents in the Onchan area.

The Committee expressed concern that it had become evident that the proposed changes to bus Service 22 were driven by political policy rather than by professional judgement. The Chairman pointed out to Mr Longworth that the application had caused difficulty, in so much as the Committee has a legal duty to determine whether such changes are in the public interest, before deciding whether to grant or refuse the application.

Mr Longworth referred to bus Service 22 which served residents in the Onchan and Willaston areas, and he advised that passenger carrying figures for the service in the Willaston area were weak. He 11 added that Service 22 currently travels via Onchan, and that Service 22A covers the Lakeside and Birchill areas of Onchan. He noted that Mr Houghton MHK had complained to his Minister that the service doesn’t properly serve people residing in the Willaston area. He also noted however, that the service did serve the Willaston area, albeit the journey time was longer for passengers travelling to Willaston as the bus travelled via Onchan.

Mr Longworth then referred to the question of social need, and the levels of bus services that are necessary to meet that need on the Island. He explained that whilst a Government policy relating to social inclusion had been determined in the UK, there was currently no such policy on the Isle of Man. Mr Longworth noted that passengers using Service 22 to and from Willaston could also avail themselves of an alternative service by walking approximately 300 yards to stops on a different bus route, but that in the absence of a policy on social inclusion, the frequency and routes of bus services were judged on passenger flows and optimising existing resources. He added that he was aware that the Manx Foundation ran a minibus service with fares set at a fixed rate of £2.00 per journey, but that it was evident that people didn’t use the service as they expected services to be free.

Mr Longworth questioned whether Bus Vannin should be providing services to accommodate a social need, and he assured the Committee that Bus Vannin had decided to progress a draft policy in respect of social inclusion.

Mr Longworth advised that he had considered passenger loadings on Service 22, and that it was evident from the tickets issued on the new service in the Governors Road and Manx Arms area, that passenger numbers had increased from 0.16% in October to 7.2% in February. He added that it could be assumed that the same passengers were also purchasing tickets to return to the Onchan area, which would account for a 14% increase in usage. He noted that there was clearly a demand for the service to the Onchan area, as it was evident that people were using it, but that the Minister had proposed a compromise service rather than provide a bespoke service to Willaston, until Government decides on a policy of social inclusion. Mr Longworth assured the Committee that from a professional view, he could not support an amendment to a service that disadvantaged between 7% and 14% of passengers.

Mr Longworth then reiterated that his Minsiter was seeking a political compromise, by proposing that the Committee approved the application to amend services under Licence Ref: 02/36, and review it after a period of say 12 months.

The Chairman then thanked Mr Longworth for his presentation, and for his frank assessment of the circumstances surrounding the application. He added that the Committee would give further consideration to the application in private, and that a decision would be notified in due course.

Mr Longworth then left the meeting.

The Committee then gave further consideration to the application to amend the route and timetables on Service 22, and they acknowledged the difficulty that Bus Vannin had in providing effective and efficient services within their current budgetary restrictions. It was noted that since the introduction of the New Bus Network in September 2010, the amendments to Service 22 had resulted in increased usage on the service in the Onchan area. It was acknowledged that whilst passenger figures in the Willaston area were weak, residents could still avail themselves of the service, albeit the journey was longer as it travelled via Onchan, or passengers could walk a distance of approximately 300 yards to use an alternative service.

The Committee noted that whilst the application was seeking to provide a political compromise following complaints from residents in the Willaston area, it was acknowledged that Section 27 of the Road Transport Act 2001 placed a duty on the Committee to refuse an application for a Section 25 Licence if the grant of the Licence was against the public interest.

12 The Committee gave careful consideration to the absence of a policy of social inclusion, and to the impact of Government’s current budgetary restraints in relation to the provision of bus services. It was agreed that having taken into account the evidence of increased usage of the service in the Onchan area, and the passenger numbers and the current provision of services to and from the Willaston area, the Committee could not be satisiefed that the application was in the public interest, and so it was decided that the application be refused.

The Committee noted that the service had been amended in September 2010, and that it was also not in the public interest to keep amending the timetable. It was decided that the applicant be informed that the existing service should continue for a minimum period of 6 months, and that the Committee would require Bus Vannin to carry out an assessment and review of the service at the end of August 2011.

A, D & N Circular No. 334

Application for a Ply for Hire Service Licence and to Register as a New Operator under Part ‘A’ of the Register of Public Passenger Vehicle Operators

Ramsey Radio Taxis, The Tower, Gladstone Park Industrial Estate, Ramsey

The applicant had applied to provide a service of Ply for Hire through the provision of 11 Ply for Hire taxis in the Northwest District, and two Private Hire minibuses, following the transfer of business under the provisions of the Road Transport (Continuance of Registration or Licence on Death, etc) Regulations 2002, from the previous operator, 81 Taxi Ltd.

It was noted that one Ply for Hire taxi had a condition attached whereby the operator is required to provide a service with a Class (1) or Class (2) wheelchair accessible taxi. It was also noted that the Transport Manager had been identified in the application as Mr J Qualtrough.

It was noted that the Operating Centres had been identified in the application as 49 Ballalough Estate, Andreas; The Shipyard, Ramsey; Fox Cottage, Bishops Court; Ballacrosha, Main Road, Ballaugh; 1 Brookfield Court, Ramsey; 20 Snaefell View, Jurby; 16 Ballagorry Drive, Glen Mona; 5 Mafeking Terrace, Ramsey; Ellanbane Crossing, Baye-ny-Hayney, Lezayre; Greenbank, Bride Road; 49 Barrule Park, Ramsey; 11 Greenlands View, Ramsey; 1 Balleigh Mews, Ramsey; 76 Greenlands Avenue, Ramsey; 8 Princes Road, Ramsey; 79 Greenlands Avenue, Ramsey; 3 Summerland, Ramsey; and 13 Greenlands Avenue, Ramsey, and that assurances regarding the suitability of the proposed centres had been received from the Planning Section at the Department of Infrastructure. It was also noted that the applicant had nominated The Tower, Gladstone Park Industrial Estate, Ramsey, as the main Operating Centre, but that an assurance regarding the suitability of the proposed Centre was still awaited from the Planning Section.

It was noted that the applicant had also applied to provide a service in connection with which Public Passenger Vehicles are used commercially, in accordance with booking arrangements by means of radio communication with the person driving the vehicle, i.e. a Service Provider (taxi radio despatch service), following the transfer of such business from the previous operator, 81 Taxi Ltd.

The Committee noted that the applicants were committed to providing a comprehensive service to the public in Ramsey and the north of the Island, and that they had taken over an existing client base, contract work, and vehicles as part of the purchase of the business. It was also noted that the applicants had given the Committee assurances regarding the financial standing of the company, and that they had adequate resources available to support the running of the business. It was acknowledged that the applicants had a maintenance programme in place to ensure that the vehicles were maintained and serviced to the relevant standards.

13 The Committee noted that the applicants had both gained extensive knowledge and experience of the taxi industry, and that it was proposed that the business be supported by an experienced and competent Transport Manager.

The Committee was satisfied that the applicants had met the requirements of Section 10 of the Road Transport Act 2001, and that the provisions of the Road Transport (Continuance of Registration or Licence on Death, etc) Regulations 2002, had also been fulfilled.

It was decided therefore, that the application by Ramsey Radio Taxis for a Ply for Hire Service Licence and to register as a New Operator under Part ‘A’ of the Register of PPV Operators, be granted, subject to the applicants providing a copy of the company registration certificate, and a written undertaking that they would continue to comply with the condition that they provide a service with one wheelchair accessible taxi.

It was also decided that in accordance with Section 16 of the Road Transport Act 2001, the following Conditions be recorded on the applicant’s Operator Registration: -

1. Mr J Qualtrough to act as Transport Manager for the business for a minimum period of 12 months.

2. The operator to provide a service with one Class (1) or Class (2) wheelchair accessible taxi.

3. Whenever possible, one Ply for Hire taxi to preferably be kept off-road at the approved Operating Centres at 49 Ballalough Estate, Andreas; The Shipyard, Ramsey; Fox Cottage, Bishops Court; Ballacrosha, Main Road, Ballaugh; 1 Brookfield Court, Ramsey; 20 Snaefell View, Jurby; 16 Ballagorry Drive, Glen Mona; 5 Mafeking Terrace, Ramsey; Ellanbane Crossing, Baye-ny-Hayney, Lezayre; Greenbank, Bride Road; 49 Barrule Park, Ramsey; 11 Greenlands View, Ramsey; 1 Balleigh Mews, Ramsey; 76 Greenlands Avenue, Ramsey; 8 Princes Road, Ramsey; 79 Greenlands Avenue, Ramsey; 3 Summerland, Ramsey; and 13 Greenlands Avenue, Ramsey.

The Committee was also satisfied that the applicants were suitably placed to operate as a Service Provider, by providing a service in connection with which PPV’s are used commercially in accordance with booking arrangements made by means of radio communication with the person driving the vehicle. It was decided therefore, that the application by Ramsey Radio Taxis to operate as a Service Provider, be granted.

Application for a Ply for Hire Service Licence and to Register as a New Operator under Part ‘A’ of the Register of Public Passenger Vehicle Operators

Mr C E Caley, Ivy Cottage, Main Road, St Johns

It was noted that the Operating Centre had been identified in the application as Ivy Cottage, Main Road, St Johns, and that an assurance regarding the suitability of the proposed Centre had been received from the Planning Section at the Department of Infrastructure.

The Committee noted that the applicant had gained knowledge and experience of the taxi industry through his employment as a taxi driver over a period of three years, and that he was now seeking the opportunity to operate his own taxi business in the Northwest District. It was also acknowledged 14 that Mr Caley had applied to operate the taxi in conjunction with a Service Provider, on an all-Island basis.

It was decided therefore that Mr Caley’s application to register as a New Operator under Part ‘A’ of the Register of PPV Operators, be granted.

It was also decided that in accordance with Section 16 of the Road Transport Act 2001, the following Condition be recorded on the applicant’s Operator Registration: -

“One Ply for Hire taxi to preferably be kept off-road at the approved Operating Centre at Ivy Cottage, Main Road, St Johns”.

Application for a Variation of a Ply for Hire Service Licence and Operator Registration under Part ‘A’ of the Register of Public Passenger Vehicle Operators

Mr O Vahaplar, 2 Marina Road, Douglas & Mr U Al, 43 Ballakermeen Drive, Douglas

The applicants had applied to provide a service of Ply for Hire through the provision of one Ply for Hire taxi in the Northwest District, following the transfer of business under the provisions of the Road Transport (Continuance of Registration or Licence on Death, etc) Regulations 2002, from the previous operator, 81 Taxi Ltd.

It was noted that the Operating Centre had been identified in the application as 43 Ballakermeen Drive, Douglas, and that an assurance regarding the suitability of the proposed Centre had been received from the Planning Section at the Department of Infrastructure.

It was also noted that the applicants currently had approval to operate one East District Ply for Hire taxi.

The Committee noted that taxi operator, Mr P Bell, was currently acting as the Transport Manager for the business operated by Mr Vahaplar and Mr Al.

The Committee noted that the applicants were seeking to expand their existing taxi business, by applying to operate a Ply for Hire taxi that was licensed to serve the Northwest District.

It was further noted however, that the applicants had little or no intention of providing a Ply for Hire service in Ramsey and the north of the Island, although they would on occasions carry out Private Hire work in the area in conjunction with their Service Provider.

The Committee expressed concern that taxi services in Ramsey and the north of the Island be disadvantaged by the operation of the vehicle from the Douglas area. However, it was noted from legal advice that the holder of an Operator Registration and Ply for Hire Service Licence, whilst licensed to Ply for Hire in a District, is also authorised to operate as a Private Hire vehicle on an Island wide basis under his Operator Registration. It was evident therefore, that if the operator chooses not to Ply for Hire in the District he is authorised to, then that is a matter for the operator, as he/she can still operate perfectly lawfully as a Private Hire vehicle on an all-Island basis.

The Committee noted that the applicants had met the requirements of Section 17 of the Road Transport Act 2001, and that the provisions of the Road Transport (Continuance of Registration or Licence on Death, etc) Regulations 2002, had also been filled. 15 It was decided therefore that the application be granted.

It was also decided that in accordance with Section 17 of the Road Transport Act 2001, the following Undertaking be recorded on the applicant’s Operator Registration: -

“Whenever possible, one Ply for Hire taxi to preferably be kept off-road at the approved Operating Centre at 43 Ballakermeen Drive, Douglas”.

Application for a Ply for Hire Service Licence and to Register as a New Operator under Part ‘A’ of the Register of Public Passenger Vehicle Operators

Mr R Bergquist, 29 Castlemona Avenue, Douglas

The applicant had applied to provide a service of Ply for Hire through the provision of one Ply for Hire taxi in the East District, following the transfer of business under the provisions of the Road Transport (Continuance of Registration or Licence on Death, etc) Regulations 2002, from the previous operators, Mr W Kelly & Mr R W Davies.

It was noted that the Operating Centre had been identified in the application as 74 Keppel Road, Willaston, Douglas, and that an assurance regarding the suitability of the proposed Centre had been received from the Planning Section at the Department of Infrastructure.

It was also noted that the applicant had nominated Mr J Faragher as the Transport Manager for the proposed business.

The Committee noted that the applicant was seeking an opportunity to operate his own taxi business, and that whilst he had gained some experience and knowledge of the taxi industry, he had applied to nominate taxi operator Mr J Faragher to act as his Transport Manager.

It was evident that the applicant was committed to making optimum use of the taxi, and that he had applied to operate in conjunction with a Service Provider. It was noted that there were no clients or contract work involved in the sale/purchase of the business, and that the takeover of the business was limited to a vehicle only.

The Committee acknowledged that the applicant had met the requirements of Section 10 of the Road Transport Act 2001, and that the provisions of the Road Transport (Continuance of Registration or Licence on Death, etc) Regulations 2002, had also been fulfilled.

It was decided therefore, that Mr Bergquist’s application for a Ply for Hire Service Licence and to register as a New Operator under Part ‘A’ of the Register of PPV Operators, be granted.

It was also decided that in accordance with Section 16 of the Road Transport Act 2001, the following Conditions be recorded on the applicant’s Operator Registration: -

1. Mr J Faragher to act as the Transport Manager for the business for a minimum period of 12 months.

2. Whenever possible, one Ply for Hire taxi to preferably be kept off-road at the approved Operating Centre at 74 Keppel Road, Willaston, Douglas.

16 Application for a Variation of a Ply for Hire Service Licence and Operator Registration under Part ‘A’ of the Register of Public Passenger Vehicle Operators

Mr J S Douglas, Flat 2, 2 Empress Drive, Douglas

The applicant had applied to vary his Operator Registration through a change of operator details, to include Mr P Bednarski as joint operator of his taxi business.

The Committee noted that the applicant was seeking to make optimum use of his taxi business, through the appointment of a joint operator. It was acknowledged that Mr Bednarski had gained experience and a knowledge of the taxi industry through his employment as a taxi driver, and that he and Mr Douglas were committed to improving services to the public through better utilisation of the existing vehicles.

The Committee was satisfied that the applicant had met the requirements of Section 17 of the Road Transport Act 2001, and that the application to register Mr Bednarski as the joint operator of the business, be granted.

A, D & N Circular No’s 337 and 338

Applications for Variations of Regular Service Licences

Department of Community, Culture & Leisure, t/a Bus Vannin, Banks Circus, Douglas

The Committee noted that the applicant had applied to vary a number of Section 25 Regular Service Licences, and that the applications contained adjustments to bus times and routes following the introduction of the New Bus Network. It was also noted that the changes had previously been approved on a temporary basis only.

The Committee acknowledged that regulations made provision for such applications to be approved on a temporary basis, where the Committee is satisfied that they are in the public interest, but that it was also necessary to publicise applications in the normal manner before a definitive decision could be determined.

It was noted that no objections or representations had been received in connection with the applications.

The applications referred to variations of the following Licences: -

Licence Ref: 02/08 – Return journeys between Onchan/Douglas to Port St Mary via the Airport

The applicant had applied to run the Fridays and Saturdays 22:05 Douglas to Port St Mary Service 2, and the 22:50 Port St Mary to Douglas Service 11 journeys additionally on Thursday evenings between 5 May and 27 October 2011 on a trial basis.

Licence Ref: 02/13 – Return journeys between Douglas and Ramsey via Peel

The applicant had applied to run the 07:15 Mondays to Fridays Service 6C Ramsey via Peel to Douglas journey 5 minutes earlier between Ramsey and Douglas.

The applicant had also applied to run the 07:35 Mondays to Fridays Service X5 Ramsey via Peel to Douglas journey 5 minutes earlier between Ramsey and Peel, and 3 minutes earlier between Peel and Douglas. 17 Licence Ref: 02/17 – Journeys between Peel and Port Erin via Foxdale

The applicant had applied to amend the timetable on the Service 8 Peel to Port Erin journeys to provide a Mondays to Fridays shopper service between School Hill and Castletown Square.

The Committee acknowledged that the application to vary timetables and routes had been made in response to demand and feedback from the public, and that the introduction of the proposed changes had been delayed in order to include them in the new timetables which was due to be issued by the end of April 2011.

The Committee gave careful consideration to the provisions of Section 27 of the Road Transport Act 2001, and it was acknowledged that the proposed changes were in the public interest, and that they would be of benefit to the travelling public.

It was decided therefore that having taken into account the provisions of Section 27 and 28 of the Road Transport Act 2001, the applications be granted.

Application to Register as a New Operator under Part ‘A’ of the Register of Public Passenger Vehicle Operators

Mr M J McCarthy, Apartment 3, 39 Royal Avenue West, Onchan

The applicant had applied to provide a service of Private Hire through the provision of one Class ‘A’ Modern Style Executive Private Hire car.

It was noted that the Operating Centre had been identified in the application as 39 Royal Avenue West, Onchan, and that an assurance regarding the suitability of the proposed Centre had been received from the Planning Section at the Department of Infrastructure. It was also noted that the applicant had nominated Mr P Nielsen as the Transport Manager of the proposed business.

The Committee noted that the applicant had gained a limited knowledge and experience of the taxi industry through his employment as a taxi driver since October 2010, and that he was seeking the opportunity to operate his own Private Hire business by providing a quality service in conjunction with a Service Provider.

It was noted that the applicant had nominated Mr P Nielsen as his Transport Manager to provide him with the appropriate advice and guidance in the running of the business. The Committee acknowledged that Mr Nielsen was registered as a PPV Operator, and that he was suitably experienced to fulfil such role. However, it was noted that Mr Nielsen had not provided a written assurance to confirm that he was willing to act as Mr McCarthy’s Transport Manager, and so it was agreed that a decision could not be issued until such assurance had been received.

The Committee noted that the operation of Private Hire vehicles was provided for under the authority of Operator Registration, and that legal advice had confirmed that the Committee was obliged under Section 10 of the Road Transport Act 2001, to grant such applications provided that the relevant requirements of the Act had been fulfilled.

The Committee was satisfied that the applicant had met the requirements of Section 10 of the Road Transport Act 2001, and it was decided therefore that the application by Mr McCarthy to register as a New Operator under Part ‘A’ of the Register of PPV Operators, and to provide a service with a Class ‘A’ Modern Style Executive Private Hire car, be granted, subject to the appropriate assurance from Mr Nielsen. It was also decided that in accordance with Section 16 of the Road Transport Act 2001, the following Conditions be recorded on the applicant’s Operator Registration: - 18 1. Mr P Nielsen to act as the Transport Manager of the Private Hire business for a minimum period of 12 months.

2. Whenever possible, one Private Hire Car to preferably be kept off-road at the approved Operating Centre at 39 Royal Avenue West, Onchan.

Application for a Variation of Operator Registration under Part ‘A’ of the Register of Public Passenger Vehicle Operators

Mr P Cromwell, 35 Alberta Drive, Onchan

The applicant had applied to provide a service of Private Hire through the addition of one Class ‘A’ Modern Style Executive Private Hire car.

It was noted that the Operating Centre had been identified in the application as 100 Royal Avenue, Onchan, and that an assurance regarding the suitability of the proposed Centre had been received from the Planning Section at the Department of Infrastructure. It was also noted that the applicant currently had approval to operate one East District Ply for Hire taxi.

The Committee acknowledged that Mr Cromwell was committed to providing a quality service to the public, and that he was seeking to increase his fleet of vehicles in order to provide a more efficient service, and to complement his existing business.

The Committee was satisfied that the applicant had met the requirements of Sections 10 and 17 of the Road Transport Act 2001, and it was decided therefore that Mr Cromwell’s application to provide a service with a Class ‘A’ Modern Style Executive Private Hire car, be granted.

It was also decided that in accordance with Section 17 of the Road Transport Act 2001, the following Undertaking be recorded on the applicant’s Operator Registration: -

“Whenever possible, one Private Hire car to preferably be kept off-road at the approved Operating Centre at 100 Royal Avenue, Onchan”.

Application for a Ply for Hire Service Licence and Variation of Operator Registration under Part ‘A’ of the Register of Public Passenger Vehicle Operators

Ms K A Skillicorn, 24 Ballakermeen Close, Douglas

The applicant had applied to vary her Operator Registration by reducing her fleet of vehicles by one Class ‘A’ Modern Style Executive Private Hire Car, and to apply for a Ply for Hire Service Licence by increasing her fleet of vehicles by one Ply for Hire taxi in the East District.

It was noted that the applicant had applied to provide a service with a saloon or estate type taxi, and that she was currently registered to operate one Executive Private Hire car.

19 The Committee noted that Ms Skillicorn was seeking to expand her business by changing her Private Hire car to a Ply for Hire taxi, and to concentrate her services on demand for taxis at the taxi rank at the Sea Terminal, and also in the Douglas area at week-ends.

It was noted that applicants are required to provide evidence of need in support of applications for additional Ply for Hire taxi licences, and that Ms Skillicorn’s evidence was focused on her own experience and observations of passengers waiting for taxis at the Sea Terminal, particularly in the evenings.

The Committee referred to the recommendations contained in a taxi survey report that had been issued in December 2006, and acknowledged that the findings would assist them in the their decision making with regard to applications for Section 29 Ply for Hire licences. It was noted that the report had concluded, “that there does not exist a significant unmet demand for Ply for Hire taxis across the IOM at this time”.

It was also noted that Ms Skillicorn had referred to the taxi survey report that had been issued in December 2006, and in particular to a report in the survey from the PPV Inspector, which recorded that the Inspector had observed an unmet need at the Sea Terminal at certain times. The Committee noted however, that the anticipated useful life of the survey was three years, and so the recommendations had effectively expired in 2009. The Committee also referred to recent reports from the PPV Inspector, from October 2010 to date, and noted that he had observed that there were sufficient taxis servicing the Sea Terminal to meet demand from arriving vessels.

It was noted that the applicant had referred to the issue of a Ply for Hire taxi licence in the East District to a Mr Jordan, and that she had referred to similarities with her application. The Committee noted however, that each case must be treated on its merits, and that no additional licences had been issued since Mr Jordan’s application was approved over seven months ago. It was also acknowledged that a decision regaring the introduction of an all-Island taxi licensing system was imminent, and that if approved, such a system would impact on taxi services throughout the Island.

The Committee then referred to the Department of Infrastructure’s report and recommendations regarding the future of the taxi industry, which were approved by Tynwald in July 2009. In particular, the Committee noted that Tynwald had agreed that a demand point be determined in order to assist the RTLC in their decision making in relation to applications for taxi licences, and the difficulties associated with the limitation on numbers of such licences. The Committee was disappointed to note however that it was evident that little progress had been made with regard to the implementation of such recommendations. It was also noted that the recommendations had included a proposal to further investigate measures to safeguard and approve services at the Island’s ports.

The Committee then gave careful consideration to the application, and noted that whilst the transitional provisions of plying for hire under Schedule 2 of the Act were in place, the Committee is required to determine whether there are, or are likely to be, enough Section 29 Ply for Hire licences to fulfil all reasonable needs at all times and places within a District.

The Committee noted that whilst the applicant had sought to present a case primarily for an additional taxi to serve the taxi rank at the Sea Terminal, the Committee could not restrict the operation of a Ply for Hire taxi to a particular area or place within a District. Consideration was then given to the requirements of paragraph 3.4(a) of Schedule 2 of the Act, and having taken into account all aspects of the case, the Committee could not be satisfied that sufficient evidence of demand had been presented in support of the application.

It was decided therefore that Ms Skillicorn’s application for a Ply for Hire Service Licence to operate a Ply for Hire taxi in the East District, be refused.

20 Application for a Ply for Hire Service Licence and to Register as a New Operator under Part ‘A’ of the Register of Public Passenger Vehicle Operators

Mr I Gilmore, Flat 3 Orry House, Orry Lane, Peel

The applicant had applied to provide a service of Ply for Hire through the provision of one Ply for Hire taxi in the Malew District, following the transfer of business under the provisions of the Road Transport (Continuance of Registration or Licence on Death, etc) Regulations 2002, from the previous operator, Mr M Gill.

It was noted that the Operating Centre had been identified in the application as Orry House, Orry Lane, Peel, and that an assurance regarding the suitability of the proposed Centre had been received from the Planning Section at the Department of Infrastructure.

The Committee noted that the applicant had gained a knowledge and experience of the taxi industry through his employment as a taxi driver over a period of six years, and that he was now seeking the opportunity to operate his own taxi business at the Airport. It was also acknowledged that Mr Gilmore had applied to operate the taxi in conjunction with a Service Provider.

The Committee was satisfied that the applicant had met the requirements of Section 10 of the Road Transport Act 2001, and that the provisions of the Road Transport (Continuance of Registration or Licence on Death, etc) Regulations 2002, had also been fulfilled. It was decided therefore that Mr Gilmore’s application to register as a new operator under Part ‘A’ of the Register of Public Passenger Vehicle Operators be granted.

It was also decided that in accordance with Section 16 of the Road Transport Act 2001, the following Condition be recorded on the applicant’s Operator Registration: -

“One Ply for Hire taxi to be kept at the approved Operating Centre at Orry House, Orry Lane, Peel”.

Application for a Ply for Hire Service Licence and to Register as a New Operator under Part ‘B’ of the Register of Public Passenger Vehicle Operators

Mr W Kewley, Thie ny Garee, Linden Avenue, Port St Mary The applicant had applied to provide a service of Ply for Hire through the provision of one Ply for Hire taxi in the East District, following the transfer of business under the provisions of “The Road Transport (Continuance of Registration or Licence on Death, etc) Regs. 2002”, from the previous operator, the late Mr E Saywell.

It was noted that the Operating Centre had been identified in the application as 26 Cherry Walk, Tromode, and that an assurance regarding the suitability of the proposed Centre has been received from the Planning Section at the Department of Infrastructure. It was also noted that the Designated Transport Manager had been identified in the application as Mr J G McConville.

The Committee noted that whilst Mr Kewley had extensive experience of dealing with the public through his current employment, he had acknowledged that he had no knowledge or experience in the taxi trade. It was noted however, that Mr Kewley had sought to nominate a Transport Manager to provide the necessary support and guidance with regards to the responsibilities of a taxi operator, and the running of the business.

It was acknowledged that the applicant had nominated a Mr McConville as his Transport Manager, and that Mr McConville had gained a knowledge and experience of the taxi industry through his employment as a taxi driver. It was noted however, that Mr McConville had not attended the 21 hearing, and that it would therefore be necessary to gain a written assurance from him to confirm that he was willing to act as the Designated Transport Manager of the business, before the Committee could determine a decision in respect of the application.

It was decided therefore that the application be provisionally approved, subject to the appropriate confirmation from Mr McConville in connection with his nomination as the Designated Transport Manager of the business.

It was also decided that in accordance with Section 16 of the Road Transport Act 2001, the following Conditions be recorded on the applicant’s Operator Registration, subject to an appropriate response from Mr McConville: -

1. Mr McConville to act as the Designated Transport Manager of the business for a minimum period of 12 months.

2. Whenever possible, one Ply for Hire taxi to preferably be kept off-road at the approved Operating Centre at 26 Cherry Walk, Tromode.

B E Leece Secretary