Report to/Rapport au:
License Committee /
Comité des permis
November 30, 2009 / le 30 novembre 2009
Contact/Personne-ressource:
Linda Anderson, Manager,
Enforcement and Inspections /
Gestionnaire, Application et
Inspection
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Ref N°: ACS2009-COS-BYL-0064 |
SUBJECT: LICENSE
COMMITTEE – appeal the removal from the accessible taxi plates priority list – taxi driver – mR. Bashiru Agoro
OBJET: COMITÉ
DES PERMIS - APPEL DU RETRAIT DE LA LISTE PRIORITAIRE DES PLAQUES DE TAXI
ACCESSIBLE -CHAFFEUR DE TAXI – MONSIEUR BASHIRU AGORO
That License Committee review the eligibility of Mr. Bashiru Agoro on the Accessible Taxi Plates Priority List.
Que le Comité des permis examine l’admissibilité
de Monsieur Bashiru Agoro sur la liste de priorité des plaques de taxi
accessible.
On August 31, 2009 a letter was sent to Mr. Bashiru Agoro advising him that he failed to maintain his eligibility on the Accessible Taxi Plates Priority list. The Licensee appeals the Chief License Inspector’s decision to the License Committee.
Relevant Provisions of By-Law No. 2005-481
ACCESSIBLE
PRIORITY LIST
ESTABLISHEMENT
OF LIST
60.
The Accessible Priority List as created by By-law 2003-97 amending By-law no.
41 of 1998 of the old Corporation of the City of Gloucester as it exists on the
date this by-law is in full force and effect is carried over and becomes the
Accessible Priority List
MAINTENANCE
OF LIST
61. (1) The Chief Licence Inspector shall keep
the Accessible Priority List and this list shall be open and accessible to the
public and subject to all other conditions and qualifications set out in this
by-law.
(2) When accessible taxi plate holder
licences are issued, priority is to be established by the order of the
Accessible Priority List and thereafter continued by order of seniority of
application.
(3) Subject to subsection (4), every
person applying to be placed on the Accessible Priority List shall at the time
of application pay the prescribed fee as set out in schedule “C” and file with
the Chief Licence Inspector, the following information:
(a)
the name and address of the applicant, and
(b)
the standard taxicab driver licence number.
(4) A person applying to be placed on
the Accessible Priority List is only entitled to be placed on the list once at
any one time.
(5) Every person on the Accessible
Priority List shall on or before April 30th in every year thereafter
file with the Chief Licence Inspector a request for renewal setting out the
name and address of the person and the taxi driver licence number and pay the
prescribed fee at set out in Schedule “C”.
(6) A person on the Accessible
Priority List ceases to continue to be eligible for an accessible taxi plate
holder licence and shall be struck off the Accessible Priority List if at any
time thereafter but before and accessible taxicab holder licence has been
issued:
(a)
the person’s taxi driver licence lapses or is revoked,
(b)
the person fails to file with the Chief Licence Inspector any of the
prescribed information on an annual basis, or
(c)
the person fails to pay the prescribed fees as set out in Schedule “C”
annually.
(7) A person who has been struck off
the Accessible Priority List shall be notified forthwith by the Chief Licence
Inspector by letter addressed to the person at the address of record furnished
by the person to the By-law Services Branch.
(8) A person who is struck off the Accessible Priority List may within fourteen (14) days of receipt of the notice apply in writing for a review by the Licence Committee of such action by filing a request with the Chief Licence Inspector. The procedures related to a hearing before the Licence Committee will apply.
LICENCE
COMMITTEE POWERS
71 (1) The Licence Committee is
authorized to administer the provisions of this by-law.
(2) The
Licence Committee is authorized to make the final decision in respect of the
revocation or suspension of any licence issued or the imposition of conditions
on any licensee.
(3) A
majority of the three (3) members of the Licence Committee constitutes a
quorum.
(4)
The Licence Committee, after a hearing, may revoke any or each of the
licences held by a licensee for cause and without limiting the generality of
the foregoing for:
(a)
a breach of the law,
(b)
anything which may be in any way adverse to the public interest,
(c)
the belief that the person will not carry on or engage in the business in
accordance with the law or with honesty and integrity,
(d)
any other manner which the Licence Committee is authorized by
law to consider, or
(e) any violation of the provisions of this by-law.
(5)
The Licence Committee may suspend a licence for cause for any period that
is less than the unexpired part of the period for which it was issued in lieu
of the revocation as provided in subsection (4).
(6)
The Licence Committee may impose conditions as a requirement of
obtaining, continuing to hold or renewing the licence, including special
conditions.
LICENCE
SUSPENSION OR REVOCATION
86.
(2) Summary Suspensions may be initiated by the Chief License Inspector or
By-law Officer in any situation that has resulted or may reasonably be expected
to result in an emergency situation and without limiting the generality of the
forgoing, these situations may include:
(a)
where the licensee has breached any law,
(b)
where the licensee has done anything that is in any way adverse to the
public interest,
(c)
where a motor vehicle is deemed to be mechanically unsafe, including but
not limited to body damage with sharp edges, holes in the floor boards,
unserviceable tires, doors not closing properly, wire protruding from the seat
or any other mechanical defect that would render the motor vehicle unsafe,
(d)
where a cheque is returned marked “NSF” for the payment of a licence fee
and in such cases, the licensee shall be suspended until the license fee is
paid,
(e)
where there is a misuse of a licence by a licensee taking a licence decal
from one vehicle and affixing it to another vehicle which is not approved for
licensing purposes,
(f)
where an inspection has been performed on a motor vehicle for transfer of
a licence and the licensee fails to effect the transfer, the licence shall be
suspended should the operator carry on business with the replacement vehicle,
(g)
where a leasing agreement has expired and lessee has failed to renew it,
the licence may be suspended if the lessor continues to work while the
licensing agreement is expired, or
(h)
where a licensee’s liability insurance has expired and he or she
continues to carry on business for which the license was issued, the license
shall be suspended.
Mr. Bashiru Agoro has been notified of the date and time of the hearing, and has been provided with a copy of this report.
FINANCIAL IMPLICATIONS
There are no financial implications associated with this report.
DISPOSITION
The Chief License Inspector to implement the decision of License Committee accordingly.