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Agenda Item No

The Vale of Glamorgan Council

 

Public Protection Licensing Committee: 7th February 2017

 

Report of the Director of Environment and Housing

 

Application to Waive the Vale of Glamorgan Council's Age Policy Guidelines for the Grant of a Private Hire Vehicle Licence, Vauxhall Vectra, AT57 ENP

 

Purpose of the Report

  1. To consider a request by Mr. David Mais of Cabs 64 of Penarth to waive the Vale of Glamorgan Council's Age Policy Guidelines in respect of a Private Hire Vehicle Licence application for a Vauxhall Vectra, registration number AT57 ENP.

Recommendations

  1. It is recommended that Members give careful consideration to the following issues prior to determining the request to waive the Vale of Glamorgan Council's Age Policy Guidelines in respect of vehicle Vauxhall Vectra, registration number AT57 ENP.
  • Whether they are satisfied that this vehicle is suitable in type, size and design in accordance with Section 48 of the Local Government (Miscellaneous Provisions) Act 1976 to be licensed as a Private Hire Vehicle.
  • Any factors Mr. Mais wishes to have considered.
  1. If Members are satisfied that this vehicle meets the requirements of Section 48 of the Local Government (Miscellaneous) Provisions Act 1976 they may resolve to waive the Age Policy Guidelines in respect of this vehicle.

    Or

    If Members are minded to refuse the application, give reasons for this decision.

  1. The officer recommendation in this matter is that the application to waive the Age Policy Guidelines be granted.

Reason for the Recommendations

To advise Members of the options available to them.

Background

  1. Class 1 is one of two classes of vehicles used in the Vale of Glamorgan in conjunction with the Age Policy Guidelines. The Age Policy Guidelines are in Section 12 of the Information Pack for Committee Members.
  2. Class 1 vehicles must be under 5 years old to have a licence granted. The date of first registration for the vehicle registration AT57 ENP was 4th January 2008.

Relevant Issues and Options

  1. Vehicle registration number AT57 ENP was licensed as a Private Hire Vehicle number PH188, from 14th December 2012 to 13th December 2016, when no application was submitted to renew the licence.
  2. On 22nd December 2016 Mr. Mais submitted an application for a Private Hire Vehicle Licence for AT57 ENP. The application was accompanied by a letter requesting that the Licencing Committee consider waiving the Age Policy Guidelines in respect of the grant of a licence for this vehicle. A copy of Mr. Mais' letter is attached at Appendix A to this Report.
  3. Licensing Officers have delegated authority to waive the Age Policy Guidelines in certain circumstances, but only when an application is made within five working days of the expiry or surrender of a previous licence. In this instance, the maximum time period had elapsed.
  4. If Members are minded to approve the waiver of Age Policy Guidelines in respect of this vehicle, the vehicle will be presented for testing at the Alps Depot, and a licence will be issued from the date the vehicle receives a satisfactory pass certificate.

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 of the Local Government (Miscellaneous Provisions) Act 1976 states:-

         (1) Subject to the provisions of this Part of the 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 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. Regulatory Services contribute to the Well Being Outcome 1: "An inclusive and Safer Vale and Objective 2 Providing decent homes and safe communities."

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. Homes and Safe Communities.

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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