Agenda Item No
The Vale of Glamorgan Council
Licensing Committee: 3rd September 2012
Report of the Director of Development Services
Application to waive the Vale of Glamorgan's Age Policy Guidelines for the Grant of Hackney Carriage Licences - FORD GALAXY GHIA CK04 ANV
Purpose of the Report
1. To ask Members to consider a request by Mr Chris Mort of Contract Travel Services, Wimborne Road, Barry Docks, CF63 3RA, to waive the Vale of Glamorgan's Age Policy Guidelines in respect of a Hackney Carriage Licence application for an Ford Galaxy; registration number CK04 ANV.
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 CK04 ANV:-
Whether they are satisfied that this vehicle is suitable in type, size and design in accordance with Section 47 of the Local Government (Miscellaneous Provisions) Act 1976 to be licensed as a Hackney Carriage.
Any factors Mr Mort wishes to have considered.
If Members are satisfied that this vehicle meets the requirements of Section 47 of the Local Government (Miscellaneous Provisions) Act 1976 they may resolve to waive the Age Policy Guidelines in respect of this Hackney Carriage 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 granted.
Reasons for the Recommendations
To advise Members that their instructions are requested.
2. Prestige 2 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. Prestige 2 vehicles must be under 5 years old to have a licence granted. The date of first registration for vehicle registration CK04 ANV was 18th March 2004.
Relevant Issues and Options
3. Vehicle registration number CK04 ANV was licensed as a Private Hire Vehicle between 25th January 2008 and 21st July 2011, and then, as Hackney Carriage number HC085, from 21st July 2011 to 20th July 2012.
4. Due to an oversight on the part of Mr Mort, no renewal application was received by the Licensing Authority by 20th July 2012. Therefore, the Hackney Carriage Licence for HC085 expired.
5. On 30th July 2012, Mr Mort made an application for the grant of a licence for the Ford Galaxy CK04 ANV. A copy of the application form is attached at Appendix A to this Report.
6. Mr Mort accompanied the application with a letter requesting exemption from the Age Policy Guidelines for this vehicle. A copy of the letter is attached at Appendix B to this Report.
7. 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)
8. Resources directed to the administration and determination of Taxi Licences may be recovered through Taxi Licensing Fees and Charges.
Sustainability and Climate Change Implications
Legal Implications (to Include Human Rights Implications)
10. Section 47 of the Local Government (Miscellaneous Provisions) Act 1976 states: -
(1) 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.
(2) 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.
(3) Any person aggrieved by any conditions attached to such a licence may appeal to a magistrates' court.
Crime and Disorder Implications
11. 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)
12. The Council is obliged to apply its licensing conditions on an equitable basis in the case of all applications.
13. 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
14. The proposals in this report are in accordance with the policy on Framework and Budget.
Consultation (including Ward Member Consultation)
Relevant Scrutiny Committee
16. Housing and Public Protection.
Kate Thompson, Principal Regulatory Services Officer 01446 709105
Rob Thomas, Director of Development Services.