Agenda Item No
The Vale of Glamorgan Council
Licensing Committee: 9th July 2013
Report of the Director of Development Services
Application to waive the Vale of Glamorgan's Age Policy Guidelines for the Grant of a Hackney Carriage Vehicle Licence Volkswagen Passat, CU56 LVK
Purpose of the Report
1. To consider a request by Mr Rizwan Ahmed of 58 Elgar Crescent, Llanrumney, Cardiff, CF3 5RU to waive the Vale of Glamorgan Councils Age Policy Guidelines in respect of a Hackney Carriage Vehicle Licence application for a Volkswagen Passat registration number CU56 LVK.
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 Volkswagen Passat registration number CU56 LVK.
· 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 Hackney Carriage Vehicle.
· Any factors Mr Ahmed wishes to have considered.
2. 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 Hackney Carriage Hire Vehicle Licence application.
3. If Members are minded to refuse the application, give reasons for this decision.
4. The officer recommendation in this matter is that the application to waive the Age Policy Guidelines be granted.
Reason for the Recommendations
To outline options for Licensing Committee to consider in relation to the granting of a Hackney Carriage Licence.
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 the vehicle registration CU56 LVK was 26 October 2006.
Relevant Issues and Options
4. Vehicle registration number CU56 LVK was licensed as a Hackney Carriage Vehicle number HC138, from the 8th December 2011 to 16th April 2013. Mr Ahmed last renewed the Hackney Carriage Vehicle Licence on the 7 March 2013.
5. On 8 March 2013, Mr Ahmed and his vehicle were involved in a road traffic accident.
6. Mr Ahmed notified the Licensing Section on 11th March 2013 in relation to the accident and a section 60 suspension notice was issued on the 11th March 2013.
7. On 16th April 2013 Mr Ahmed surrendered the Hackney Carriage Licence in respect of the vehicle and returned the Licence Plate, advising the Licensing Section that the vehicle was going to be deemed as beyond economical repair by his insurance company.
8. On Friday 14th June 2013, Mr Ahmed delivered a letter to the Licensing Section requesting exemption from the Age Policy Guidelines and made application for this vehicle. The letter is attached at Appendix A 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 as a result of this report.
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;
· 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.
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. Richard Price, Legal Officer.
Relevant Scrutiny Committee
19. Housing and Public Protection.
Amanda Ewington. Licensing Team Leader 01446 709782
Richard Price, Lawyer, Legal Services 01446 709409
Rob Thomas, Director of Development Services.