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Council halts pub’s offbeat transport

8:30am Thursday 2nd July 2009


A POPULAR offbeat vehicle that dropped customers between two Bewdley pubs has been taken off the road on the orders of Wyre Forest District Council.

Customers were able to take the tuk tuk – a Southeast Asian motor vehicle – from the Cock and Magpie, in Severnside North, to the Hop Pole Inn, for their dinner reservations.

Paul Glover-Winfield, who owns both pubs with his daughter, Emma Passey, 25, set up the free service three weeks ago because of the lack of parking spaces at the Hop Pole.

Customers were parking on the footpath and outside neighbouring homes in Hop Pole Lane, as there was nowhere else for them to park, Mr Glover-Winfield said.

The district council, however, told him he could no longer provide the service without a licence because it was classed as private hire.

Last week, The Shuttle reported the council had also forced Sean McGahern, landlord of the Royal Forester in Callow Hill, to scrap the free lift service he was offering customers.

Mr Glover-Winfield, 40, said: “The council say I’m getting a reward out of it because people are coming up to my pub and buying a meal.

“They also said it doesn’t meet criteria because it’s not a red vehicle. My argument is I’m not doing it for private hire but that isn’t strong enough because I’m getting a commercial benefit from it. It’s extremely frustrating.”

He explained that people who booked a table at the Hop Pole would meet him at the Cock and Magpie 30 minutes before their reservations for a lift in the tuk tuk.

“I wanted to do it for a bit of fun,” said Mr Glover-Winfield, “It’s frustrating really because it’s a great little thing.

“It’s extremely economical and it keeps people off the road drinking and driving.

“There’s been a hell of a downturn in business in the Hop Pole since it’s gone. Considering the state of the pub industry you would expect the council to be more supportive.”

Mr Glover-Winfield said he brought the tuk tuk on eBay and thought it would be “perfect” to drop people at the pubs.

“ It’s MoT-ed and it’s got a British logbook,” he explained. “People have said it was the best thing to have come into Bewdley. It’s a little vibrant thing that made people smile.

“Just because of bureaucracy, no-one is able to think outside the box. It’s just a shame really.”

Brian Kent, principal licensing officer, said: “The use of vehicles for commercial benefit requires a licence as a private hire vehicle under the council’s taxi policy. If anyone would like help or advice on licensing we are happy to help.”

Mr Glover-Winfield said he would be applying for a licence for the tuk tuk, but he did not expect to succeed.


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Your Say Your Wyre Forest

Fran, Kidderminster says...
8:50am Thu 2 Jul 09

There are Councils in England which do license Tuk Tuks!

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English-Highlander, Stourport says...
8:55am Thu 2 Jul 09

God help us as it appears that our council and its officials surely will not.


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FlipC - The Mad Ranter, Stourport says...
10:49am Thu 2 Jul 09

"They also said it doesn’t meet criteria because it’s not a red vehicle"

Anyone in the bureaucracy care to point out that clause in the legislation?

The definition of a PHV is "a motor vehicle constructed or adapted to seat fewer than nine passengers, other than a hackney carriage or public service vehicle or a London cab or a tramcar, which is provided for hire with the services of a driver for the purpose of carrying passengers"* with the for hire also including 'commercial gain'** which is what is being claimed here.

So as it's MOT'ed and declared road legal there should be no problem with a licence regardless of its colour.

*Local Government (Miscellaneous Provisions) Act 1976 s80
** Road Safety Act 2006 s53

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John Campion, Wyre Forest says...
10:56am Thu 2 Jul 09

An interesting regard for the law, being parked half on the pavement and on Double Yellow lines. Maybe the rules are only meant for other people?

Why do the Council licence vehicles that carry members of the public? Primarily to ensure their safety. What happens if there is an accident? How do we know that the driver is a fit and proper person to be in charge of a vehicle carrying members of the public? All of this has to be done through the licensing system. I assume they checked with the Council before they bought the vehicle to start the service?

I and the Council very much support the pub trade in the Wyre Forest but we have a duty to protect public safety and for this I make no apology. The Councils licensing department are always willing to offer advice and support with any application.

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Poppasmurf, Bewdley says...
1:54pm Thu 2 Jul 09

No wonder I couldn't be bothered to vote for any of this shower at the last election. They should all be abolished.

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English-Highlander, Stourport says...
3:26pm Thu 2 Jul 09

From past comments in this publication regarding road traffic incidents, speed limits and traffic signs. It seems that most councillors appear to have little knowledge of what constitutes real ‘road safety’. And did not the councillor so eager to insist on compliance with the councils licensing system condone a total disregard of the licensing system designed to keep us all safer. What a totally hypocritical approach to the job that you were elected to do.

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FlipC - The Mad Ranter, Stourport says...
4:09pm Thu 2 Jul 09

@JC: "What happens if there is an accident? How do we know that the driver is a fit and proper person to be in charge of a vehicle carrying members of the public?"

Has the driver passed the required tests for the vehicle? Is the vehicle deemed road-worthy? Has it passed its MOT? If the answers are yes that what extras should a PHV need that *every other road user* doesn't?

I don't recall the council sticking its nose in when I give a lift to friends and note that the law excludes volunteer drivers for hospitals and such because it's not for commercial benefit. Which means that people who are driven for free don't deserve the same "safety" standards as those who get something from the arrangement?

Don't try to rationalise it I'd have more sympathy if you'd just stated that 'That is the law and little we can do about it' rather than get sanctimonious with us.

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mwrench, Kidderminster says...
4:15pm Thu 2 Jul 09

How sad it is to read 2 similar articles in such a short space of time. Here we have business people trying to come up with ways to keep their businesses alive & at the same time the idea they have come up with also deters people from taking the car to the pub & drink Driving, for me this makes sense, and what's the councils answer to this? bureaucracy, Health & Safety and if that's not enough to put a stop to things, we have political correctness & Human Rights just to make sure you cant do anything without cutting through all the red tape first before attempting to do anything new or different.....its amazing we can get out of bed without contravening some sort of law.

Paul Glover-Winfield.....
.... Fran is right you can get a license for Tuk Tuks! so don’t let these stick in the mud’s stop you, go ahead and do it as they are being used in other parts of the UK.

its a shame that our council cant be more helpful/proactive instead of just issuing the standard you cant do that …. I know there are rules & laws to stick by but we have seriously gone too far & we need to allow a bit of common sense back into our lives & let us make up our own minds on what’s safe or right to do instead it all being controlled.

Michael Wrench
UKIP Prospective Parliamentary Candidate
For The Wyre Forest

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John Campion, Wyre Forest says...
4:38pm Thu 2 Jul 09

PHV drivers are subject to further checks about their suitability including whether or not they are a fit person to be driving around members of the public.

Jack the Ripper would be entitled to a driving licence if he passeed the test, but that doesnt mean you would want him driving your Nan around does it?

Taxis are also subject to more regular testing to ensure they are in good condition, not like normal cars which only need to be tested once a year.

Nobody is trying to stop anyone from earning a living, or protecting their trade. Licencing is there to ensure that the publics saftey is first and foremost.

The very vocal Mr Wrench needs to sometimes realise that when a bandwagon passes by, you dont have to jump on it. the Caouncil has never just said "you cant do that" what it has said is that we have rules and you have to work with us, not just do what you like and put public saftey at risk.

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English-Highlander, Stourport says...
5:06pm Thu 2 Jul 09

“The Council has never just said "you cant do that" what it has said is that we have rules and you have to work with us, not just do what you like and put public safety at risk.” Writes Mr Campion. Unless of course you are a councillor then disregarding the rules appears to be quite alright! If it is expected that we are to have any respect for the council and councillors then it is suggested that you lot stop giving the impression of being a total bunch of cretins.

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FlipC - The Mad Ranter, Stourport says...
5:22pm Thu 2 Jul 09

@JC: "Jack the Ripper would be entitled to a driving licence if he passeed the test, but that doesnt mean you would want him driving your Nan around does it?"

But it would be perfectly fine if he was a volunteer driver though because they're exempt. See you can't even pull off a 'we need to perform extra checks when you have strangers driving you' because of that.

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John Campion, Wyre Forest says...
5:28pm Thu 2 Jul 09

I find it hard to take advice from someone describing themselves as "English-Highlander"
. Is there something about your true identity that is upsetting? Or are you Stourports Lycra wearing mythical superhero?

Judging from your previous posts "English-Highlander" you have a very low opinion of the Council, and I am sure I will never alter that opinion. The Council do a fantastic amount of good, you just choose to focus on the negative.

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curryman, kidderminster says...
8:58pm Thu 2 Jul 09

how about protecting the public at closing time from all these drunken idiots who have more than they can take Mr Campion than a chap who is trying to make a go in a crappy nothing to do for the kids district

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Al Elliott, Bewdley says...
9:24pm Thu 2 Jul 09

I accept that the council has a duty to protect public safety and I'm sure in many ways they do support local businesses. However, what annoys me is the typical "can't do" attitude that this old fashioned bureaucratic organisation takes. Rather than work with Paul to see how this terrific idea which creates atmosphere and brings a lovely continental feel to our town can be kept going, they just give the "computer says no" response. People can make a free choice whether to travel in the Tuk Tuk, so why does the Council need to protect them? Since the **** and Magpie has been revamped, that area of the Riverside has had a real re-birth, Bewdley feels more like a tourist town everyday thanks to entrepreneurs such as Paul who are willing to take a risk and open exciting new businesses. Please Wyre Forest, work with these people, not against them and find a sensible solution to this issue and keep the fun and character growing in the town. Don't stifle it with your old fashioned bureacracy and fear of something new.

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English-Highlander, Stourport says...
11:48pm Thu 2 Jul 09

JC… Your attempt at a distraction from the topic and your comments about me and my pen name will be treated with the utter contempt that they deserve.

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petals, blakedown says...
11:53pm Thu 2 Jul 09

Paul Glover-Winfield should be applauded for his innovative idea, not penalized. If other pubs offered a similar service, it would go a long way towards cutting the risk of drink driving & maybe help to keep our local pubs open.
Shame on the District Council, I bet it is only trying to make more money from it's licencing fees.

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Paul Mitchell, Stourport-on-Severn says...
5:07pm Fri 3 Jul 09

Maybe Mr Ahmed could help with this problem.

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John Campion, Wyre Forest says...
8:37pm Fri 3 Jul 09

The service is between two pubs, I fail to see how this protects against drink driving? The rationale being the limited parking at the Hop Pole.

Maybe Mr Mitchell would enlighten me what any of this has do with Cllr Ahmed?

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petals, blakedown says...
11:56pm Fri 3 Jul 09

Was there any need for John Campion to be so rude to the blogger who calls himself Highlander? Not what we would expect from the leader of the District Council.
Is anyone up for a petition in support of the Tuk Tuk?

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English-Highlander, Stourport says...
8:34am Sat 4 Jul 09

So a ‘drink drive’ link cannot be seen. “I fail to see how this protects against drink driving”?

Obviously the point that petals, blakedown made was totally missed. “If other pubs offered a similar service, it would go a long way towards cutting the risk of drink driving & maybe help to keep our local pubs open”.

Perhaps like PHV drivers all ‘politicians’ should be subject to further checks about their suitability including whether or not they are a fit person to be representing members of the public.

A petition in support of the Tuk Tuk sounds like a good idea to me.

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Paul Mitchell, Stourport-on-Severn says...
9:32am Sat 4 Jul 09

Quiet simple Mr Campion.Mr Ahmed being on the county council may be able to offer guidance and assistance to Mr Glover Winfield.
Hopefully you may be able to help legitimise this unique service aswell.
Thanks in anticipation Paul

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djrich04, Stone says...
12:34am Tue 7 Jul 09

Many pubs have been offering free lifts since the early days of the breathalyser, a very good idea, I have often availed myself of such services, it seems that yet again Wyre Forest District Council are maintaining their policy of destroying anything that people want & enjoy, whilst imposing upon us whatever we object to. (that is from personal experience) It's time they pulled their heads in & remembered that they work for us, not we for them. I would like to hear the opinions of the Police & Emergency Medical Services who are normally in favour of any sensible scheme which helps to reduce drink-drive accidents. As regards safety, if a driver who has not got a PHV licence is not safe, why should anyone be allowed on the road without one? According to the law as I read it, I can give anybody a lift in my vehicle as long as it is legally approved & documented for road use, insured appropriately for the number of seats & I do not charge a fare. As long as I comply with that criteria, I'd love to see them try to stop me, whatever business I was running. A petition for the tuk tuk & also for Mr. McGahern of the Royal Forester is a good idea. Thanks, Rich.

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FlipC - The Mad Ranter, Stourport says...
10:04am Tue 7 Jul 09

@Rich - It's not necessarily a "fare" it's "commercial benefit"; in essence you're getting 'money' from it and the government has decided that makes it their business.

Of course we wouldn't even be having this conversation if PHV licences were optional. Let customers choose whether they want the reassurance that the council has done checks on the driver or just take a risk; but nope it's mandatory because we're obviously to dumb to think for ourselves.

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kiddygirl, Bewdley says...
11:05am Thu 9 Jul 09

Tut Tut what aload of fuss about a tuk tuk. Paul, get a licence and lets get on with other important things such as where have the District Council flower beds gone in Bewdley! By the way did you get a parking ticket for parking on the double yellow lines?

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Comments are closed on this article.

Off the road: Paul-Glover Winfield who has had to scrap his free tuk tuk service. Off the road: Paul-Glover Winfield who has had to scrap his free tuk tuk service.


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