Road Transport Licensing Committee
RTLC
Bing Kied Carbid
…………………………………………………………………………………
Chairman: Mr G R Costain
The Airport
Ballasalla, Isle of Man
IM9 2AS
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Circular No: 80
APPLICATIONS, DECISIONS AND NOTICES
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28th September 2004
01624 823424
01624 823844
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DECISIONS NOTICE
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 Circular 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 provision 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.
The Applications publicised in Circular Number’s 64 and 65 were heard and considered at a meeting held
in public on the 14th June 2004. The decisions and the reasons for the decisions of the Committee are as
follows: -
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 G M Ivey, Axnfell, Rencell Hill, Laxey
Mr Ivey had applied to provide a Section 29 service of ply for hire through the provision of one taxi in the
Malew District following the takeover of business from the previous operator, Mr R A Kneen.
The Operating Centre was identified as the applicants home address at Axnfell, Rencell Hill, Laxey.
The Committee acknowledged that Mr Ivey was an experienced taxi driver of good repute, with a good
knowledge and understanding of the demands of the taxi trade, which included the Malew District (ie The
Airport). It was apparent that Mr Ivey had been operating for some months following his takeover of the
business while awaiting consideration of his application by the Committee, and that during that time it appeared
he was suitably experienced, and also providing a valuable service to the appropriate standards.
A letter giving notice of a possible objection from PPV Operator, Mr C Mayers was considered, but it was noted
that Mr Mayers had failed to attend the meeting to further clarify and support his grounds for concern. It
appeared that Mr Mayers had questioned the good repute and financial standing of Mr Ivey. The Committee
noted that the requirements for Operator Registration under Part ‘B’ were restricted to the good repute of the
applicant, and to the suitability of the proposed Operating Centre. It was agreed that the Committee had a duty
to consider the requirements for licensing and registration under Section 10 of The Road Transport Act 2001,
and that the grounds identified by Mr Mayers would need to be addressed before a decision could be
determined.
It was noted that the Planning Office at DOLGE had provided a written assurance that keeping a single taxi at
the proposed Operating Centre did not require planning permission, and the Committee acknowledged that the
applicant had carried out some minor works at the property to assist in ensuring that the vehicle could be kept
clean and ready for service. It was also noted that the taxi would be parked off-road at the property.
The Committee was satisfied that the applicant had fulfilled the requirements of Section 9, 10, and 30 of the
Road Transport Act 2001, and that the requirements of The Road Transport (Continuance of Registration or
Licence on Death, etc) Regulations 2002, had also been met.
It was decided therefore, that the application be granted, and that the following conditions be applied to the
applicant’s registration: a)
the applicant to primarily serve the Malew District through the provision of one ply for
hire car.
b) all journeys of Private Hire to be recorded in the Record Book issued for such purposes
by the RTLC, or other suitable records authorised by the RTLC.
Application for a Variation of Operator Registration under Part ‘A’ of the Register of Public Passenger
Vehicle Operators
Mr H Bartley, 4 Berkeley Street, Douglas
Mr H Bartley had applied to vary his Operator Registration by changing the details of his main Operating Centre
from Molly’s Kitchen, Onchan, to Unit 1, Hills Meadow, Douglas. It was noted that Mr Bartley currently had
approval to operate two East District taxis, two Private Hire cars, and two minibuses.
It was noted that no objections had been received in connection with the application.
The Committee acknowledged that the applicant was seeking to provide a suitable location to keep his PPV’s,
and that the proposed Operating Centre at Hills Meadow had been approved by the Planning Office at DOLGE,
and that the property was off-road.
It was decided that the applicant had fulfilled the requirements of Section 17 of the Road Transport Act 2001,
and the application is therefore granted.
Mr H Bartley, 4 Berkeley Street, Douglas
Mr Bartley had applied to vary his Operator Registration by adding one minibus to his existing fleet of PPV’s,
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 A Rough.
The Operating Centre was identified as Unit 1, Hills Meadow, Douglas, and the application was dependant on
the Committee’s approval of Mr Bartley’s application to use Unit 1, Hills Meadow as his main Operating
Centre.
It was noted that Mr Bartley was seeking to expand his business through the provision of one additional
minibus, to assist him in catering for large parties of passengers.
It was noted that no objections had been received in connection with the application.
The Committee acknowledge that Mr Bartley’s reasons for making the application, and also that the Operating
Centre had been approved.
It was decided that the applicant had fulfilled the requirements of Section 17 of the Road Transport Act 2001,
and the application is therefore granted.
Mr B Groves, 21 Hillcrest Grove, Onchan
Mr Groves had applied to vary his Operator Registration through the addition of one minibus, following the
transfer of business from the previous operator, Mr H Bartley.
It was noted that the Operating Centre was identified as Unit 1, Hills Meadow, Douglas, and that approval for
the proposed Centre had been received from the Planning Office at DOLGE.
It was noted that no objections had been received in connection with the application.
The Committee acknowledged that Mr Groves had made the application as he was seeking to facilitate an
increase in business.
It was decided that the applicant had fulfilled the requirements of Section 17 of the Road Transport Act 2001,
and the application is therefore granted.
Mr L Ambrose, 20 Oxford Street, Douglas
Mr Ambrose had applied to vary his Operator Registration by changing the details of his Operating Centre from
his previous home address at 20 Oxford Street, Douglas, to Unit 1, Hills Meadow, Douglas, and also to
nominate Mr B Groves as his Designated Manager.
It was noted that Mr Groves had represented Mr Ambrose at the meeting, and that Mr Groves was an existing
PPV Operator. The Committee noted Mr Groves advice, and also correspondence from Mr Ambrose, which
explained that Mr Ambrose was suffering from ill health, and currently residing in Spain. It was apparent that
Mr Ambrose was seeking to designate a manager to look after his business until his health improved.
It was acknowledged that the proposed Operating Centre at Unit 1, Hills Meadow, Douglas, had been approved
by the Planning Office at DOLGE.
It was noted that no objections had been received in connection with the application.
The Committee was satisfied that Mr Ambrose was seeking to ensure that his taxi business was operated and
managed in a proper manner, and that he had fulfilled the requirements of Section 17 of the Road Transport Act
2001. It was decided therefore, that the application be granted.
Mr J A Corlett, 1 Fistard Road, Port St Mary
Mr Corlett had applied for a Regular Service Licence and to vary his Operator Registration through the addition
of four public passenger vehicles which were made up of two minibuses and two single deck buses, following
the takeover of business from the previous operator, Mr N P Devereau of South Coast Buses (SCB).
It was noted that the Operating Centre was situated at Ballasalla Airport Garage, Ballasalla, and that Mr Corlett
currently had approval to operate one coach from the location.
Mr Corlett had explained that he was seeking to facilitate increased demand in his business, and also to expand
by serving private hire, and regular late night bus services previously operated by SCB. It was noted that Mr
Corlett was an experienced operator, and that “Corlett’s Coaches” had been operating since 1949. The applicant
had advised that since taking over the business, it was evident that the late night bus service was operating
successfully. Mr Corlett explained that the maintenance and servicing of the proposed vehicles would be carried
out by “Wades Truck Services”, and also that he was progressing a planning application for a change of use of
his Operating Centre to ensure that it was approved as suitable for the size and number of vehicles.
Objections from Protours Isle of Man Ltd and the IOM Taxi Owners Association (IOMTOA) were carefully
considered by the Committee.
Mr Lightfoot (Protours) had referred to difficulties experienced by the previous operator, SCB, which he
claimed should have prompted the Committee to take action to revoke their licences under Section 18 of the
Road Transport Act 2001. Mr Lightfoot referred to an earlier delay by SCB to nominate a suitable Operating
Centre, and to an apparent suspension of their service in February 2004. Mr Lightfoot added that immediately
prior to the takeover of the business by Mr Corlett, it had appeared unclear as to whether SCB had ceased
trading or gone into liquidation. Mr Lightfoot maintained therefore, that the Committee should have pursued
action against SCB to revoke their licenses under Section 18 of the Road Transport Act 2001, and that
consequently there would have been no business to takeover. Mr Lightfoot also stated that the requirements of
Section 10 of the Road Transport Act should apply to Mr Corlett, as should evidence of need.
The objection from the IOMTOA referred to grounds that the takeover of business under The Road Transport
(Continuance of Registration or Licence on Death, etc) Regulations 2002 were not appropriate to the
application, and that the Committee should have held an inquiry into the SCB operation and suspended or
revoked the operation, before the takeover of the business by Mr Corlett.
The Committee then considered the points raised by the objectors to the application, which were concentrated
on the services operated by SCB. It was apparent that the voluntary suspension of services by SCB, for a period
of five days in February 2004 was due to a decision by SCB to transfer insurance cover from one company to
another, and their uncertainty as to whether the cover would be continuous. In the period leading up to the
agreement by Mr Corlett to takeover the SCB operation, which extended to 20 days in total, it was noted that
despite an initial indication that SCB were to cease trading, it was soon confirmed by SCB that Mr Devereau
was in negotiation with Mr Corlett with a view to Mr Corlett taking over the business. It was acknowledged that
the takeover of business had since been confirmed by SCB, and Mr Corlett, in writing to the Committee in
accordance with regulations. The Committee agreed that while it appeared that SCB had experienced some
operational difficulties, the action taken appeared reasonable.
The Committee referred to the views expressed by Mr Lightfoot (Protours) with regard to a delay by SCB in
nominating a suitable Operating Centre. It was noted that this matter had previously been dealt with by the
Committee, and that it had been resolved through the nomination of a temporary Operating Centre, and that
approval was subject to a decision of the Planning Committee at DOLGE.
It was noted that there was no legal requirement to take into account unmet need, in respect of the application,
but the Committee agreed that need was evident as Mr Corlett was satisfied that the business was operating
successfully, and that he made a business decision to invest and facilitate increased demand.
The Committee was satisfied that the application was for a takeover of a business, and that The Road Transport
(Continuance of Registration or Licence on Death, etc) Regulations 2002 provided the appropriate mechanism
for dealing with such matters. It was agreed that the licences held by SCB at the time of the takeover were
valid, and that both SCB and Mr Corlett had fulfilled the requirements of the Regulations, and also that Mr
Corlett had fulfilled the requirements of Section 17 of the Road Transport Act 2001.
The application by Mr Corlett to takeover the business from the previous operator, South Coast Buses, is
therefore granted.
It was agreed that written confirmation be sought from the Planning Office at DOLGE, to ensure that Mr Corlett
had made a planning application for a change of use of the Operating Centre.
The Committee considered the requirements of Section 10 of the Road Transport Act 2001, and agreed that the
following approval for the use of the Operating Centre for the additional vehicles be subject to the following
condition imposed under Regulations 2(2)(a) of The Road Transport Operators (Registration or Licence
Conditions) Regulations 2002: “due to the stated intentions of the operator regarding the temporary use of the Operating Centre at the
Ballasalla Airport Garage, Ballasalla, for the additional vehicles, and the requirement for planning
permission, a condition is attached to limit the use of the applicant’s Operating Centre to accommodate
the additional PPV’s for a period of not more than 6 months from the issue of this Notice, during which
time planning permission for the Operating Centre must be confirmed”
Mr J A Corlett, 1 Fistard Road, Port St Mary
Mr Corlett had applied, subject to approval of the takeover of business from SCB, to vary his Operator
Registration by varying the size of one of his PPV’s from a minibus to a single deck coach.
It was noted that the Operating Centre had been identified as the Ballasalla Airport Garage, Ballasalla.
Mr Corlett had explained that he needed to facilitate an increase in his local business, and that he needed a larger
vehicle to serve large groups of passengers. Mr Corlett added that since the takeover of business from SCB, it
had become apparent that the preferred option would be to upgrade one of the minibuses to a single deck coach,
so making better use of the vehicle.
The Committee then considered an objection by Protours Isle of Man Ltd.
Mr Lightfoot (Protours) claimed that the application should be deferred until the question of planning for the
Operating Centre had been resolved. He also considered that the applicant should produce evidence of demand.
It was noted that there was no legal requirements to take into account the question of unmet need in respect of
the application. The Committee noted that the applicant was satisfied there was demand for a larger vehicle,
and that Mr Corlett was well placed to provide the proposed service. It was also evident that Mr Corlett had
made a business decision to seek to invest and improve his business due to demand.
The Committee was satisfied that the applicant had fulfilled the requirements of Section 17 of the Road
Transport Act 2001, and the application is therefore granted, subject to the following condition imposed under
Regulations 2(2)(a) of The Road Transport Operators (Registration or Licence Conditions) Regulations 2002: “due to the stated intentions of the operator regarding the temporary use of the Operating
Centre at the Ballasalla Airport Garage, Ballasalla, for the additional vehicles, and the
requirement for planning permission, a condition is attached to limit the use of the applicant’s
Operating Centre to accommodate the additional PPV’s for a period of not more than 6
months from the issue of this Notice, during which time planning permission for the Operating
Centre must be confirmed”
Application for Variation of a Regular Service Licences
IOM Transport, Transport Headquarters, Banks Circus, Douglas
IOM Transport (IOMT) had applied to vary Regular Service Licence numbers 2/13 and 2/17, to enable them to
operate Tynwald Day Services on 5th July 2004, and in subsequent years, by varying licences to provide
additional capacity on the Douglas-St Johns-Peel route, and additional services from and to Port Erin.
It was noted that the proposed variations would provide services every 15 minutes from Douglas in the morning,
and every 30 minutes in the afternoon. Also, every 30 minutes from Peel, and an additional journey from
Ramsey. Mr Maule (IOMT) explained that the proposed services would operate on the day designated as
Tynwald Day in 2004, and in subsequent years, and not specifically therefore on the 5th July.
It was noted that no objections had been received in connection with the application.
The Committee was satisfied that the applicant had fulfilled the requirements of Section 17 of the Road
Transport Act 2001, and that the application was in the public interest.
It was decided therefore that the application be granted.
B E Leece
Secretary