Agenda Item No
The Vale of Glamorgan Council
Licensing Committee: 1st November 2011
Report of the Director of Legal, Public Protection and Housing Services
Application to waive the Vale of Glamorgan's Age Policy Guidelines for the Grant of Private Hire Vehicle Licences - KIA Sedona EF55 ASO
Purpose of the Report
1. To ask Members to consider a request by Mr Stephen Karran of 85 Penlan Road, Llandough, CF64 2LU, to waive the Vale of Glamorgan's Age Policy Guidelines in respect of a Private Hire Vehicle Licence application for a Kia Sedona, registration number EF55 ASO.
It is recommended that Members give careful consideration to the following issues prior to determining the request to waive the Vale of Glamorgan's Age Policy Guidelines in respect of vehicle EF55 ASO:-
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 Karran wishes to have considered.
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 Private Hire Vehicle Licence application.
If Members are minded to refuse the application, give reasons for this decision.
The Officer recommendation in this matter is that the application to waive the Age Policy Guidelines be refused. The reason for this recommendation is that the vehicle is one year beyond the age limit for the grant of a licence for a vehicle of this type.
Reason for the Recommendation
To advise Members that their instructions are requested.
2. At the Licensing Committee meeting of 1st June 2011 new Age Policy Guidelines were approved. The Age Policy Guidelines are in Section 11 of the Information Pack for Committee Members.
3. Prestige 2 is one of two classes of vehicles now identified in the Vale of Glamorgan's Age Policy Guidelines. Prestige 2 vehicles must be under 5 years old to have a licence granted. The date of first registration for vehicle registration EF55 ASO was 28th November 2005 and is almost six years old.
Relevant Issues and Options
4. On 20th October 2011, Mr Karran made an application for the grant of a licence for the Kia Sedona, a Prestige 2 vehicle, registration number EF55 ASO. A copy of the application form is attached at Appendix A to this Report.
5. Mr Karran accompanied the application with a letter requesting exemption from the Age Policy Guidelines for this vehicle. The letter is attached at Appendix B to this Report.
6. If the 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 of the test pass certificate.
Resource Implications (Financial and Employment and Climate Change, if appropriate)
7. All resources directed to the administration and enforcement of the Taxi Licensing function must be recovered through Taxi Licensing Fees and Charges.
Legal Implications (to Include Human Rights Implications)
8. Section 48 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-
· that the vehicle is-
· suitable in type, size and design for use as a private hire vehicle;
· not of such design and appearance as to lead any person to believe that the vehicle is a hackney carriage;
· in a suitable mechanical condition;
· safe; and
· 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.
· that there is in force in relation to the use of the vehicle a policy of insurance or such security as complies with the requirements of Part VI of the Act of 1972,
· and shall not refuse such a licence for the purpose of limiting the number of vehicles in respect of which such licences are granted by the council.
9. 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
10. Under Section 17 of the Crime and Disorder Act 1998 the Council has a statutory duty to consider crime and disorder implications whilst regulating licensable activities. We must have due regard to the likely effect of the exercise of those functions on the need to do all we can reasonably do to prevent crime and disorder in our area.
Equal Opportunities Implications (to include Welsh Language issues)
11. The Council is obliged to apply its licensing conditions on an equitable basis in the case of all applications.
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)
Relevant Scrutiny Committee
15. Housing and Public Protection.
Kate Thompson, Principle Officer Public Protection. 01446 709105
Peter H Evans, Director of Legal, Public Protection and Housing Services