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Agenda Item No

 

The Vale of Glamorgan Council

 

Licensing Committee: Tuesday, 13th September, 2011

 

Report of the Director of Legal, Public Protection and Housing Services

 

Amendment to Hackney Carriage Condition 15

 

Purpose of the Report

1.             The purpose of this Report is to seek the Committees approval to amend the wording of Hackney Carriage vehicle condition 15.

Recommendations

The officer recommendation in respect of this matter is that Hackney Carriage 15 is amended as follows:-

Condition 15

The vehicle shall be fitted with a switch on or near the dashboard to enable the driver of the vehicle to extinguish the sign light when the vehicle is not plying for hire.

Amended condition 15

The vehicle shall be fitted with a switch on or near the dashboard or on the meter to enable the driver of the vehicle to extinguish the sign light when the vehicle is not plying for hire.       

Reasons for the Recommendations

To assist the Alps Testing Depot in interpreting and applying Hackney Carriage Condition 15 in a consistent manner.

 

Background

2.             The current Hackney Carriage conditions were adopted by this Licensing Committee on 29th April 2008.

Relevant Issues and Options

3.             Hackney Carriage vehicles are required to have a method of extinguishing the meter light when the driver is not plying for hire.

4.             Hackney Carriage Condition 15 states :-

                   The vehicle shall be fitted with a switch on or near the dashboard to enable the driver of the vehicle to extinguish the sign light when the vehicle is not plying for hire.

5.             It has come to the attention of the Licensing Section that some meters are able to extinguish the meter light directly from the meter itself.

6.             This being the case it would seem unreasonable to expect proprietors to fit a further switch on or near the dashboard.

7.             Members are asked to consider adopting an amendment to the existing condition as follows:-

                   The vehicle shall be fitted with a switch on or near the dashboard or on the meter to enable the driver of the vehicle to extinguish the sign light when the vehicle is not plying for hire.

Resource Implications (Financial and Employment and Climate Change, if appropriate)

8.             Should the Committee be minded to implement the proposed amendments there will be a cost to the Council in informing existing proprietors of the amendment to the Hackney Carriage Conditions.

Legal Implications (to Include Human Rights Implications)

9.             Section 47 of the Local Government (Miscellaneous Provisions) Act 1976 states:

A district council may attach to the grant of a licence of a hackney carriage under the Act of 1847 such conditions as the district council may consider reasonably necessary.

Without prejudice to the generality of the foregoing subsection, a district council may require any hackney carriage licensed by them under the Act of 1847 to be of such design or appearance or bear such distinguishing marks as shall clearly identify it as a Hackney Carriage.

Any person aggrieved by any conditions attached to such a licence may appeal to a magistrates' court.

Crime and Disorder Implications

10.        The Council has a statutory duty to regulate licensing activities.

Equal Opportunities Implications (to include Welsh Language issues)

11.        The Council is obliged to licence all drivers and vehicles on an equitable basis.

Corporate/Service Objectives

12.        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

13.        The proposals in this Report are in accordance with the policy on Framework and Budget.

Consultation (including Ward Member Consultation)

14.        Fleet Manager Alps Testing Depot.

Relevant Scrutiny Committee

15.        Housing and Public Protection.

Background Papers

16.        None

Contact Officer

Kate Thompson, Principal Regulatory Services Officer, 01446 709105

 

Officers Consulted

None

 

Responsible Officer:

Peter H. Evans

Director of Legal, Public Protection and Housing Services

 

 

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