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Agenda Item No 5

 

The Vale of Glamorgan Council

 

Licensing Committee: 21st May 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- Mercedes Vito, CE07 VPU

 

Purpose of the Report

1.             To consider a request by Mr Mohammed Rashid Khan to waive the Vale of Glamorgan Councils Age Policy Guidelines in respect of a Private Hire Vehicle Licence application for a Mercedes Vito, registration number CE07 VPU.

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 Mercedes Vito, registration number CE07 VPU.

·               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 Khan 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.

2.             The Officer recommendation in this matter is that the application to waive the Age Policy Guidelines be granted.

Reason for the Recommendation

To outline options for the Licensing Committee to consider in relation to the granting of a Private Hire Vehicle 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 CE07 VPU was 16th March 2007.

4.             The Vale of Glamorgan’s Conditions for Private Hire Vehicles require that on application for the renewal of a licence the vehicle is presented for testing up to ten working days prior to the expiry of the licence.

Relevant Issues and Options

5.             Vehicle registration number CE07 VPU was licensed as Private Hire Vehicle number PH008, from 26th February 2010 to 25th February 2013. 

6.             On 25th February 2013, the day on which the vehicle licence expired, Mr Khan made an application for the renewal of the licence.

7.             On 28th February 2013 Mr Khan came to the Civic Offices and presented two inspection certificates issued by the Alps Depot.

8.             The first certificate, numbered 10340, indicates that the vehicle failed the inspection and is not dated.

9.             The second certificate, numbered 10344, is a pass certificate and is dated 28th February 2013.

10.           Licensing Officers visited the Alps depot and were able to establish that the first, failed, test had also taken place on 28th February 2013, three days after the Private Hire Licence for the vehicle had expired.

11.           Officers were not able to approve a renewal of the Private Hire Licence for the vehicle CE07 VPU, since it had not been presented for testing prior to the expiry of the previous licence and the application was refused.

12.           The vehicle being more than five years old is beyond the age at which the grant of a licence is allowed under the Vale of Glamorgan’s Age Policy Guidelines.

13.           On 22nd April 2013 Mr Khan made application for the grant of a Private Hire Vehicle Licence for his vehicle CE07 VPU.

14.           Mr Khan accompanied his application with a letter requesting that the Age Policy Guidelines be waived in respect of this vehicle.  A copy of the letter is attached at Appendix A.

15.           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)

16.           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

17.           None.

Legal Implications (to Include Human Rights Implications)

18.           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.

19.           Section 48 (7) The Local Government (Miscellaneous Provisions) Act 1976 states:-

20.           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

21.           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)

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

Corporate/Service Objectives

23.           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

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

Consultation (including Ward Member Consultation)

25.           None.

Relevant Scrutiny Committee

26.           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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