MATTER WHICH THE CHAIRMAN HAS DECIDED IS URGENT BY REASON OF THE NEED TO ALLOW MR. IHBASHEH TO CONTINUE TO WORK
Agenda Item No. 7(i)
The Vale of Glamorgan Council
Licensing Committee 4th March 2014
Report of the Director of Development Services
Application to Waive the Vale of Glamorgan Council's Age Policy Guidelines for the Grant of a Hackney Carriage Licence, Volkswagen Passat, CU56 LVK
Purpose of the Report
1. To consider a request by Mr Kamal Ihbasheh of 31 Tynewydd Road, Barry CF62 8HB to waive the Vale of Glamorgan Council’s Age Policy Guidelines in respect of a Hackney Carriage Licence application for a Volkswagen Passat, registration number CU56 LVK.
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 Ihbasheh 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.
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.
Reason for the Recommendations
To outline options for Licensing Committee to consider in relation to the granting of a Hackney Carriage Licence.
2. Class 1 is one of two 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. Class 1 vehicles must be under 5 years old to have a licence granted. The date of first registration for the vehicle registration CU56 LVK was 26th October 2006.
Relevant Issues and Options
4. Vehicle registration number CU56 LVK was licensed as Hackney Carriage number HC138, from the 19th July 2013 to 18th January 2014 and 14th March 2012 to 16th April 2013. Between 21st September 2011 and 14th March 2012 CU56 LVK was licensed as a Private Hire Vehicle.
5. On 3rd January 2014 a Section 68 Suspension Notice in relation to HC138 was issued to Mr Ihbasheh when he informed the Licensing Section that the vehicle had been involved in an accident. Mr Ihbasheh was advised that if the Suspension Notice was still in place when the Hackney Carriage Licence was due to expire on 18th February 2014 that he would need to make application and follow the usual renewal process because the vehicle is beyond the upper age limit to be considered for the grant of a licence.
6. On 16th January 2014 Mr Ihbasheh made application for renewal of the Hackney Carriage Licence for his vehicle.
7. Condition 38 of a Hackney Carriage Licence states;
'The vehicle shall be presented for examination on application for a renewal of the licence. The vehicle shall also be presented for examination at such other times and at such places as required by the Licensing Authority. Vehicles will be accepted for testing up to ten working days prior to and including the exact date on which the test is required. This condition is without prejudice to the powers of the Local Government (Miscellaneous Provisions) Act 1976.’
8. On 21st February 2014 it came to the attention of a Licensing Officer that the vehicle had not been presented for testing, but that a test appointment had been made for 25th February 2014. Mr Ihbasheh was advised by telephone that his licence had already expired on 18th January 2014 and that there was, therefore, no point in the vehicle being presented for testing.
9. Mr Ihbasheh said that he thought that the Section 68 Suspension Notice extended the period in which the vehicle could be presented for inspection in relation to the renewal application beyond the expiry date of the licence.
10. On 26th February 2014 following a meeting with the Licensing Team Leader Mr Ihbasheh submitted a letter requesting that the Licensing Committee consider waiving the Age Policy Guidelines in respect of a licence for this vehicle. A copy of Mr Ihbasheh's letter is attached at Appendix A to this Report.
11. If 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)
12. 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
Legal Implications (to Include Human Rights Implications)
14. 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
15. 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)
16. The Council is obliged to apply its licensing conditions on an equitable basis in the case of all applications.
17. 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
18. This is a matter for decision by the Licensing Committee.
Consultation (including Ward Member Consultation)
Relevant Scrutiny Committee
20. Housing and Public Protection.
Amanda Ewington. Licensing Team Leader 01446 709782
Richard Price, Lawyer, Legal Services 01446 709409
Rob Thomas, Director of Development Services