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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 Private Hire Vehicle Licences - IVECO MINIBUS X695 BYD

 

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 Private Hire Vehicle Licence application for an Iveco Minibus; registration number X695 BYD.

Recommendations

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 X695 BYD:-

  • 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.

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.

Or

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.

Reason for the Recommendations

To advise Members that their instructions are requested.

 

Background

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 X695 BYD was 10th October 2000.

Relevant Issues and Options

3.             Vehicle registration number X695 BYD was licensed as Private Hire Vehicle number PH110, from 18th September 2007 to 17th July 2012.  The Age Policy Guidelines having been waived by the Licensing Committee on 18th September 2007 to grant the licence.

4.             Due to an oversight on the part of Mr Mort, no renewal application was received by the Licensing Authority by 17th July 2012. Therefore, the Private Hire Vehicle Licence for PH110 expired.

5.             On 30th July 2012, Mr Mort made an application for the grant of a licence for the Iveco Minibus X695 BYD.  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

9.             None.

Legal Implications (to Include Human Rights Implications)

10.        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
  • comfortable;
  • 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.

11.        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

12.        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)

13.        The Council is obliged to apply its licensing conditions on an equitable basis in the case of all applications.

Corporate/Service Objectives

14.        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

15.        The proposals in this report are in accordance with the policy on Framework and Budget.

Consultation (including Ward Member Consultation)

16.        None.

Relevant Scrutiny Committee

17.        Housing and Public Protection.

Background Papers

None.

 

Contact Officer

Kate Thompson, Principal Regulatory Services Officer 01446 709105

Officers Consulted

None.

 

Responsible Officer:

Rob Thomas, Director of Development Services.

 

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