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Agenda Item No 5

The Vale of Glamorgan Council

 

Public Protection Licensing Committee: 3 October 2017

 

Report of the Director of Environmental and Housing

 

Application to Waive the Vale of Glamorgan Council's Age Policy Guidelines for the Grant of a Private Hire Vehicle Licence, Volkswagen Crafter

 

Purpose of the Report

  1. To consider a request by Mr Chris Mort of C J Contract Travel to waive the Vale of Glamorgan Council's Age Policy Guidelines in respect of a Private Hire Vehicle Licence application for a Volkswagen Crafter, registration number LJ56 ABK.

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 Volkswagen Crafter, registration number LJ56 ABK.
  • 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 Mort 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.  OrIf 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.

Reasons for the Recommendations

To advise Members of the options available to them.

Background

  1. Class Two 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 attached at Appendix A to this report.
  2. Class Two vehicles must be under 10 years old to have a licence granted. The date of first registration for the vehicle registration LJ56 ABK was 15th November 2006.

Relevant Issues and Options

  1. On 19th September 2017 Mr Mort submitted an application for a Private Hire Vehicle Licence for LJ56 ABK. The application was accompanied by a letter requesting that the Licensing Committee consider waiving the Age Policy Guidelines in respect of the grant of a licence for this vehicle. A copy of Mr Mort's letter is attached at Appendix B to this Report.
  2. Photographs of LJ56 ABK have been produced and are attached at Appendix C to this Report.
  3. If Members are minded to approve the waiver of Age Policy Guidelines in respect of this vehicle, Section 48 below will apply, and the vehicle will be presented for testing at the Alps Depot. A licence will only 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 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

18.                Homes and Safe Communities

Background Papers

None.

Contact Officer

Yvonne Witchell, Team Manager Licensing 01446 709105

Officers Consulted

Richard Price, Lawyer, Legal Services 01446 709409

Responsible Officer:

Miles Punter - Director of Environment and Housing

 

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