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Agenda Item No 4

 

The Vale of Glamorgan Council

 

Public Protection Licensing Committee 10th May 2016

 

Report of the Director of Environment and Housing

 

Request to Consider Exemption from Vale of Glamorgan Private Hire Vehicle Licence Conditions - Condition 9

Purpose of the Report

  1. To consider a request by Mr Walter Standen to allow his vehicle, licensed Private Hire PH077, MF16 XHN, to be exempt from the Vale of Glamorgan Council's conditions in relation to Private Hire Vehicle identification door stickers.

Recommendations

  1. After consideration of the contents of this report, Members may;
  • Approve the request for an exemption, allowing magnetic door stickers to be used on the vehicle in question.
  • Refuse the request, requiring the door stickers be permanently fixed in compliance with Condition 9 of the Private Hire Vehicle Conditions.

Reasons for the Recommendations

To advise Members of the options available and request their instructions.

Background

  1. Condition 9 of the Vale of Glamorgan Conditions for Private Hire Vehicles states;

The proprietor and/or driver shall at all times ensure that there shall be clearly displayed on the centre or upper part of each front door of the vehicle, the adhesive private hire identification sticker supplied by the Licensing Authority . The stickers must be permanently fixed to each door with the identification sticker's adhesive backing.

  1. In 2003 and 2009 the former Licensing Committee approved requests by Mr Standen for an exemption from the condition requiring permanently affixed door stickers to be used on his previous Private Hire vehicles.
  2. Mr Standen was carrying out work for Atal y Fro, previously known as Vale of Glamorgan Women's Aid. Mr Standen requested permission to use magnetic door stickers that could be removed when fulfilling these contracts. His requests were supported by letters from Women's Aid.
  3. The request for exemption was approved because of the sensitive nature of the work Mr Standen carries out for Atal y Fro and because of the possible threat to the safety of driver and passengers. However, each time the exemption only applied to the vehicle in question and was not transferable.
  4. Mr Standen has recently replaced his vehicle and is requesting that the exemption apply in relation to licensed private hire vehicle PH077, MF16 XHN, licence expiry date 31 March 2017.

Relevant Issues and Options

  1. On 23rd March 2016 an email was received from Linda Greenfield of Atal y Fro in relation to the use of magnetic door stickers on the vehicle. A copy of the letter is attached at Appendix A to this report.
  2. On 30th March 2016 a letter was received from Mr Standen requesting the use of magnetic door stickers. A copy of the letter is attached at Appendix B to this report.

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(2) of the Local Government (Miscellaneous Provisions) Act 1976 states;

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, Team Manager Licensing 01656 643105

Officers Consulted

Richard Price, Lawyer, Legal Services 01446 709409

Responsible Officer:

Miles Punter - Director of Environment and Housing

 

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