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Agenda Item No

 

The Vale of Glamorgan Council

 

Licensing Committee 8th July 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 Vehicle Licence, Peugeot 307, SA58 BYH.

 

Purpose of the Report

1.         To consider a request by Mr Mahdi Assi to waive the Vale of Glamorgan Council’s Age Policy Guidelines in respect of a Hackney Carriage Vehicle Licence application for a Peugeot 307, registration number SA58 BYH.

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 Peugeot 307, registration number SA58 BYH.

  • 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 Vehicle.
  • Any factors Mr Assi wishes to have considered.

2.         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 vehicle.

Or

If Members are minded to refuse the application, give reasons for this decision.

3.         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 Vehicle Licence.

 

Background

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 SA58 BYH was 24th September 2008, therefore the vehicle is now 5 years and 9 months old.

Relevant Issues and Options

4.         Vehicle registration number SA58 BYH was licensed as a Hackney Carriage Vehicle number HC008, from the 29th September 2008 to 12th August 2013.

5.         On 12th August 2013, the Licensing Section revoked the Hackney Carriage Vehicle Licence HC008, to enable Mr Assi to drive the vehicle while he was not a licensed Private Hire and Hackney Carriage Vehicle Driver.

6.         Mr Assi applied for the grant of a Private Hire and Hackney Carriage Vehicle Driver Licence on 13th June 2014.  This application will be granted following the receipt of a satisfactory Disclosure and Barring Service Certificate.

7.         On 16th June 2014 Mr Assi 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 Assi's letter is attached at Appendix A to this Report.

8.         Mr Assi was advised that in order for Committee to consider his request he would first have to make application for the grant of a Hackney Carriage vehicle Licence.  On 16th June 2014 Mr Assi applied for the grant of a Hackney Carriage vehicle licence.

9.         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)

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.

Legal Implications (to Include Human Rights Implications)

12.      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

13.      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)

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

Corporate/Service Objectives

15.      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

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

Consultation (including Ward Member Consultation)

17.      None.

Relevant Scrutiny Committee

18.      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

 

 

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