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Agenda Item No 4

The Vale of Glamorgan Council

 

Public Protection Licensing Committee: 2nd February 2016

 

Report of the Director of Environment and Housing

 

Request for the Grant of a 12 Month Private Hire Vehicle Licence

 

Purpose of the Report

  1. To consider a request by Mr Mike Moore of A2B(South Wales) Ltd for the grant of a twelve month Private Hire Vehicle Licence in respect of a Ford Tourneo, registration number YS15 GSV.

Recommendation

  1. It is recommended that Members give careful consideration to the application taking into account whether or not public safety would be compromised were one of the following recommendations accepted:-
  • Approve the grant a twelve month Private Hire Vehicle Licence, instructing that replacement documents and licence plate be issued; Or
  • Refuse the grant of a twelve month licence in accordance with the current Age Policy Guidelines, giving full reasons for this decision.

The Officer recommendation is that the Vale of Glamorgan Council's age policy guidelines are upheld and Mr Moore's request is refused.

Reason for the Recommendation

To comply with the Vale of Glamorgan Council's Age Policy Guidelines and ensure a fair and equitable trading environment, be consistent in respect of those proprietors who have not been able to obtain a 12 month Vehicle Licence when there has been more than the delivery mileage displayed on the odometer of a vehicle.

Background

  1. Section 48(2) of the Local Government (Miscellaneous Provisions) Act 1976 allows the local authority to set conditions for the granting of Private Hire Vehicle Licences.
  2. Private Hire Vehicle Licences are issued in compliance with the Vale of Glamorgan Council's Age Policy Guidelines, which state that a one year licence will be granted where a vehicle has delivery mileage only. A copy of the Age Policy Guidelines can be found at section 12 of the Members' Packs.
  3. Proprietors obtaining a one year licence make a saving of £42. The current fee for the grant of a six month licence and one renewal is £284, whereas, the grant of a 12 month licence is £242.
  4. The date of first registration for the vehicle YS15 GSV is 20th August 2015.
  5. When the vehicle was presented for inspection at the Alps Depot on 9th December 2015 the recorded mileage was 1101.

Relevant Issues and Options

  1. On 9th December 2015 Mr Moore, on behalf of A2B (South Wales) Ltd, submitted an application for a Private Hire Vehicle Licence for the Ford Tourneo YS15 GSV.
  2. Mr Moore stated that he was requesting the grant of a 12 month licence as the vehicle was new.
  3. As part of the application Mr Moore produced a bill of sale dated 8th December 2015 which gives the mileage as 900. A copy of this document is attached to this Report at Appendix A.
  4. A Licensing Officer advised Mr Moore that the vehicle did not meet the criteria set out in the authority's Age Policy Guidelines for the grant of a 12 month licence. This decision was taken because the recorded mileage, given at the time the application was made as 1095, could not be evidenced as resulting from the delivery of the vehicle. A copy of the application form is attached to this Report at Appendix B.
  5. On 10th December 2015 a six month Private Hire Vehicle licence, plate number 130, was granted to A2B (South Wales) Ltd in respect of YS15 GSV.
  6. On 11th December 2015 an email message was received from Mr Moore asking that his request for a 12 month licence be considered by the Public Protection Licensing Committee. The message was accompanied by a copy of a letter from the trader who supplied the vehicle offering an explanation of the vehicle's mileage. A copy of the email and letter are attached to this Report at Appendix C.

Resource Implications (Financial and Employment)

  1. Resources directed to the administration and enforcement of the Taxi Licensing function may be recovered through Taxi Licensing Fees and Charges.

Sustainability and Climate Change Implications

  1. None.

Legal Implications (to Include Human Rights Implications)

  1. Section 48(1) of The Local Government (Miscellaneous Provisions) Act 1976 states: -

Subject to the provisions of this Part of this Act, a district council may on receipt of an application from the proprietor of any vehicle for the grant in respect of such vehicle of a licence to use the vehicle as a private hire vehicle, grant in respect thereof a vehicle licence: -

Provided that a district council shall not grant such a licence unless they are satisfied-

(a) that the vehicle is-

(i) suitable in type, size and design for use as a private hire vehicle;

(ii) not of such design and appearance as to lead any person to believe that the vehicle is a hackney carriage;

(iii) in a suitable mechanical condition;

(iv) safe; and

(v) comfortable

  1. Section 48(2) of the Local Government (Miscellaneous Provisions) Act 1976 allows a Council to make conditions relating to the grant of Private Hire Vehicles licenses;

A district council may attach to the grant of a licence under this section such conditions as they may consider reasonably necessary, including without prejudice to the generality of the foregoing provisions of this subsection, conditions requiring or prohibiting the display of signs on or from the vehicle to which the licence relates.

  1. Section 48 (7) The Local Government (Miscellaneous Provisions) Act 1976 states:-

Any person aggrieved by the refusal of a district council to grant a vehicle licence under this section, or by any condition specified in such a licence, may appeal to a magistrates' court.

Crime and Disorder Implications

  1. Under Section 17 of the Crime and Disorder Act 1998 the Council has a statutory duty to consider crime, disorder and antisocial behaviour implications whilst regulating licensing activities. There are no crime and disorder implications arising from this Report.

Equal Opportunities Implications (to include Welsh Language issues)

  1. The Council is obliged to apply its licensing conditions on an equitable basis in the case of all applications.

Corporate/Service Objectives

  1. To protect the health and safety of the community by ensuring businesses meet legislative requirements, controlling infectious diseases, encouraging responsible dog ownership, controlling pests and regulating animal health and welfare. To maintain a fair and equitable trading environment.

Policy Framework and Budget

  1. This is a matter for decision for the Public Protection Licensing Committee.

Consultation (including Ward Member Consultation)

  1. None.

Relevant Scrutiny Committee

  1. Housing and Public Protection

Background Papers

None.

Contact Officer

Yvonne Witchell, for Operational Manager Neighbourhood Services 01656 643105

Officers Consulted

Richard Price, Lawyer, Legal Services 01446 709409

Responsible Officer:

Miles Punter - Director of Environment and Housing

 

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