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Agenda Item No 7

The Vale of Glamorgan Council

 

Licensing Committee 10th December 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 Licence- Vauxhall Zafira, FA05 AFY

 

Purpose of the Report

1.         To consider a request by Mr John Lewis to waive the Vale of Glamorgan Councils Age Policy Guidelines in respect of a Hackney Carriage Licence application for a Vauxhall Zafira, registration number FA05 AFY.

Recommendations

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 this vehicle.

 

·         Whether they are satisfied that this vehicle is suitable in type, size and design in accordance with Section 47 of the Local Government (Miscellaneous Provisions) Act 1976 to be licensed as a Hackney Carriage.

·         Any factors Mr Lewis wishes to have considered.

If Members are satisfied that this vehicle meets the requirements of Section 47 of the Local Government (Miscellaneous Provisions) Act 1976 they may resolve to waive the Age Policy Guidelines in respect of this Hackney Carriage 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 request to waive the Age Policy Guidelines be granted and that Mr Lewis be reminded that in future renewal applications in respect of vehicles must be made in a timely manner.

Reason for the Recommendations

To advise Members that their instructions are requested. 

Background

2.         Class 1 is one of two classes of vehicles that are eligible for licensing as Hackney Carriages by the Vale of Glamorgan Council in accordance with the Age Policy Guidelines.  The Age Policy Guidelines are in Section 12 of the Information Pack for Committee Members.

3.         Class 1 vehicles must be under 5 years old to have a licence granted. The date of first registration for vehicle registration FA05 AFY was 21st July 2005, making the vehicle 8 years and 5 months old.

Relevant Issues and Options

4.         Vehicle registration number FA05 AFY was licensed as Private Hire Vehicle number PH128, from 30th September 2010 to 29th September 2013. 

5.         On 12th September 2013 the Private Hire Vehicle Licence was suspended under Section 60 of the Local Government (Miscellaneous Provisions) Act 1976, Mr Lewis having informed the Licensing Section that the vehicle was off the road due to a mechanical fault.

6.         On 29th September 2013 the Private Hire Vehicle Licence PH128 expired, no application for renewal having been made.

7.         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.

8.         On 29th November 2013 Mr Lewis made application for the grant of a Hackney Carriage Licence for his vehicle FA05 AFY.

9.         Mr Lewis accompanied his application with a letter requesting that the Age Policy Guidelines be waived in respect of this vehicle.  Mr Lewis indicates in the letter that he did not make a renewal application because he thought that the Section 60 Suspension Notice extended the life of the licence. A copy of the letter is attached at Appendix A to this Report.

10.      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)

11.      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

12.      None.

Legal Implications (to Include Human Rights Implications)

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

(1) 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.

(2) 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.

(3) Any person aggrieved by any conditions attached to 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

D.R. Thomas,

Director of Development Services