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Agenda Item No

 

The Vale of Glamorgan Council

 

Licensing Committee: 5th February 2013

 

Report of the Director of Development Services

 

Amendment to Hackney Carriage, Private Hire Vehicle Licence Conditions

 

Purpose of the Report

1.             The purpose of this Report is to seek amendments to the Vale of Glamorgan's Conditions for Hackney Carriages, Private Hire Vehicles and Private Hire Operators Licenses in relation to the carriage of a spare wheel.

Recommendation

After careful consideration of the facts of the Report the Committee's instructions are requested in respect of this matter.  Members may wish to consider the following options;

  • THAT the Vale of Glamorgan's conditions for Hackney Carriages, Private Hire Vehicles and Private Hire Operators Licenses are amended as outlined in this report.
  • THAT the Vale of Glamorgan's conditions for Hackney Carriages, Private Hire Vehicles and Private Hire Operators Licenses remain unchanged.
  • The Officer recommendation in this matter is that the conditions are amended as proposed.

Reason for the Recommendation

To bring the Vale of Glamorgan's conditions into line with current vehicle specifications.

 

Background

2.             The current Hackney Carriage, Private Hire Vehicle Licence Conditions were adopted by the Licensing Committee on 29th April 2008.

3.             Condition 20 of the Hackney Carriage Conditions and Condition 14 of the Private Hire Vehicle Conditions state :-

Each vehicle is to carry a spare wheel, jack and brace to be in good condition and to be in an easily accessible position on all vehicles, or an alternative arrangement regarding the replacement of wheels should first be submitted to the Licensing Authority in writing and accepted and approved by the Licensing Authority.  Spare wheels must not be carried free in the boot or luggage compartment.  Any spare wheel must be fastened down securely to the satisfaction of the Licensing Authority, so as not to cause a potential hazard to passengers.

Relevant Issues and Options

4.             It is increasingly the case that new vehicles are fitted with the manufacturers puncture repair kits, or a space saver wheel, rather than a spare wheel.

5.             Given that this is now common practise, it seems an unnecessary requirement that specific written permission from the Licensing Authority be sought.

6.             It is proposed that Condition 20 of the Hackney Carriage Conditions and Condition 14 of the Private Hire Vehicle Conditions be amended to read;

Each vehicle is to carry a spare wheel and tyre, jack and brace, or the manufacturers recommended puncture repair kit.  Any spare wheel and tyre should be in good condition and must not be carried free in the boot or luggage compartment.  The spare wheel and tyre should be carried in the well or compartment provided and be fastened down securely to the satisfaction of the Licensing Authority, so as not to cause a potential hazard to passengers.

Resource Implications (Financial and Employment)

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

Sustainability and Climate Change Implications

8.             None

Legal Implications (to Include Human Rights Implications)

9.             Section 47 of the Local Government (Miscellaneous Provisions) Act 1976 states:

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.

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.

 

Any person aggrieved by any conditions attached to such a licence may appeal to a magistrates' court.

 

10.        In relation to the licensing of Private Hire Vehicles, Section 48 (2) of the Local Government (Miscellaneous Provisions) Act 1976 states:

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.

Crime and Disorder Implications

11.        None.

Equal Opportunities Implications (to include Welsh Language issues)

12.        None.

Corporate/Service Objectives

13.        To protect the health and safety of the community by ensuring businesses  meet legislative requirements, controlling infectious disease, 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.        This report is a matter for decision by the Licensing Committee.

Consultation (including Ward Member Consultation)

15.        None as this report relates to the whole of the Vale of Glamorgan.

Relevant Scrutiny Committee

16.        Housing and Public Protection.

Background Papers

17.        None.

Contact Officer

Amanda Ewington Licensing Team Leader 01446 709782

 

Officers Consulted

Gareth George, Fleet Manager.

 

Responsible Officer:

Rob Thomas, Director of Development Services.