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Agenda Item No

 

The Vale of Glamorgan Council

 

Licensing Committee: 2nd October 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 Licence Mercedes S320 KS53 TDV

 

Purpose of the Report

1.             To ask Members to consider a request by Mr David Mais, 50 Fleming Walk, St Davids Manor, Church Village, Pontypridd, CF38 1GF to waive the Vale of Glamorgan's Age Policy Guidelines in respect of a Private Hire Vehicle Licence application for a Mercedes S320; registration number KS53 TDV.

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 KS53 TDV:-

·         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 Mais 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 refused.

Reason for the Recommendations

To uphold the Age Policy Guidelines as approved by the Licensing Committee on 1st June 2011.

Background

2.             The Age Policy Guidelines are in Section 12 of the Information Pack for Committee Members. The policy distinguishes between two classes of vehicles.  Prestige 1 vehicles must be of the very highest quality and can be up to 10 years old to be granted a Private Hire Vehicle Licence. Prestige 2 vehicles must be under 5 years old to have a licence granted. The date of first registration for vehicle registration KS53 TDV 22nd December 2003 (unconfirmed).

3.             The current Age Policy Guidelines were approved by the Licensing Committee following extensive consultation with the trade in June 2011.

Relevant Issues and Options

4.             On 10th September 2012 Mr Mais contacted the Licensing Section saying that he was considering the purchase of a Mercedes S320 that was over 5 years old.  Mr Mais said that he had contacted the Alps Garage and been advised that there was now only one class of vehicle and that all models must be under 5 years old for the grant of a Private Hire Vehicle Licence.

5.             A Licensing Officer advised Mr Mais in relation to the Age Policy Guidelines and then contacted the Fleet Manager who confirmed that the vehicle would be classed as a Prestige 2 vehicle and must be under 5 years old. This information was relayed to Mr Mais.

6.             On 17th September 2012, Mr Mais made an application for the grant of a licence for the Mercedes S320; registration number KS53 TDV.  A copy of the application form is attached at Appendix A to this Report.

7.             Mr Mais 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.   

8.             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)

9.             Resources directed to the administration and determination of Taxi Licences may be recovered through Taxi Licensing Fees and Charges.

Sustainability and Climate Change Implications

10.        None

Legal Implications (to Include Human Rights Implications)

11.        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.

12.        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

13.        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)

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

Corporate/Service Objectives

15.        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

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

Consultation (including Ward Member Consultation)

17.        None.

Relevant Scrutiny Committee

18.        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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