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Agenda Item No

 

The Vale of Glamorgan Council

 

Licensing Committee: 5th February, 2013

 

Report of the Director of Development Services

 

Application to Waive the Vale of Glamorgan's Age Policy Guidelines for the Grant of a Private Hire Vehicle Licence - Renault Mascot Y754 SND

 

Purpose of the Report

1.             To consider a request by Mr Mort of Contract Travel Services Ltd, Wimborne Road, Barry Docks, CF63 3RA, to waive the Vale of Glamorgan Councils Age Policy Guidelines in respect of a Private Hire Vehicle Licence application for an Renault Mascot, registration number Y754 SND.

Recommendations

1.             It is recommended that Members give careful consideration to the following issues prior to determining the request to waive the Vale of Glamorgan Council’s Age Policy Guidelines in respect of vehicle Renault Mascot, registration number Y754 SND.

  • 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 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 and issue Mr Mort a written warning in relation to failing to keep the vehicle in good repair and condition at all times.

 

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.

Reasons for the Recommendations

To outline options for Licensing Committee to consider in relation to the granting of a Private Hire Licence.

 

Background

2.             Prestige 2 is one of three 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.

3.             Prestige 2 vehicles must be under 5 years old to have a licence granted. The date of first registration for vehicle registration Y754 SND was 19th July 2001.

Relevant Issues and Options

4.             Vehicle registration number Y754 SND was licensed as Private Hire Vehicle number PH167, from 14th February 2008 to 16th January 2013.  The Age Policy Guidelines having been waived by the Licensing Committee on 11th March 2008 to grant the licence.

5.             On 9th January 2013, Mr Mort made an application for the grant of a licence for the Renault Mascot, a Prestige 2 vehicle, registration number Y754 SND. The Licence expiry date for this vehicle was 16th January 2013. A copy of the application form is attached to this report at Appendix A.

6.             Due to an oversight on the part of Mr Mort, the vehicle was taken to the Alps garage for testing on 17th January 2013, the day after the licence had expired.

7.             The vehicle licence had expired and the vehicle should not have been tested by the Alps Testing Depot, but due to an oversight it was tested and subsequently failed the test. Mr Mort was issued with a fail certificate and a copy of the certificate is attached to this report at Appendix B.

8.             On 17th January Mr Mort delivered a letter requesting exemption from the Age Policy Guidelines for this vehicle. The letter is attached at Appendix C to this Report.   

9.             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 the vehicle receives a satisfactory pass certificate.

Resource Implications (Financial and Employment)

10.        Resources directed to the administration and enforcement of the Taxi Licensing function may be recovered through Taxi Licensing Fees and Charges.

Sustainability and Climate Change Implications

11.        None.

Legal Implications (to Include Human Rights Implications)

12.        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.

13.        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

14.        Under Section 17 of the Crime and Disorder Act 1998 the Council has a statutory duty to consider crime, disorder and antisocial behaviour implications whilst regulating licensing activities.  There are no crime and disorder implications arising from this Report.

Equal Opportunities Implications (to include Welsh Language issues)

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

Corporate/Service Objectives

16.        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

17.        This is a matter for decision by the Licensing Committee.

Consultation (including Ward Member Consultation)

18.        None.

Relevant Scrutiny Committee

19.        Housing and Public Protection.

Background Papers

None.

 

Contact Officer

Amanda Ewington. Licensing Team Leader 01446 709782

 

Officers Consulted

Richard Price, Lawyer, Legal Services 01446 709409

 

Responsible Officer:

Rob Thomas, Director of Development Services.

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