Agenda Item No. 5
The Vale of Glamorgan Council
Licensing Committee: 30th September 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, Skoda Superb, KM05 XXH.
Purpose of the Report
1. To consider a request by Mr Shahid Ahmed to waive the Vale of Glamorgan Council’s Age Policy Guidelines in respect of a Hackney Carriage Vehicle Licence application for a Skoda Superb, registration number KM05 XXH.
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 HC149, a Skoda Superb, registration number KM05 XXH.
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 Ahmed 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 vehicle.
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 is granted.
Reason for the Recommendations
To outline options for Licensing Committee to consider in relation to the granting of a Hackney Carriage Vehicle 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 KM05 XXH was 20th June 2005, therefore the vehicle is now 9 years and 2 months old.
Relevant Issues and Options
4. Vehicle registration number KM05 XXH was licensed as Hackney Carriage Vehicle number HC149, from the 5th August 2009 to 4th August 2014.
5. No application to renew the Hackney Carriage Vehicle Licence was made, and no communication was received from Mr Ahmed prior to the expiry of the Hackney Carriage Vehicle Licence on 4th August 2014.
6. On 6th August 2014 Licensing Officers witnessed Hackney Carriage 149, KM05 XXH being used to ply for hire at Holton Road Taxi Rank. The plate and window licence on the vehicle indicated that the licence had expired on 4th August 2014. Further action in relation to this matter is on-going.
7. On 20th August 2014 Mr Ahmed submitted an application for the grant of a Hackney Carriage Licence for the vehicle. The application was accompanied by a message requesting that the Licensing Committee consider waiving the Age Policy Guidelines in respect of a licence for this vehicle. A copy of Mr Ahmed's message letter is attached at Appendix A to this Report.
8. If Members are minded to approve the waiver of Age Policy Guidelines in respect of the vehicle, it 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)
9. 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)
11. 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
12. 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)
13. The Council is obliged to apply its licensing conditions on an equitable basis in the case of all applications.
14. 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
15. This is a matter for decision by the Licensing Committee.
Consultation (including Ward Member Consultation)
Relevant Scrutiny Committee
17. Housing and Public Protection.
Amanda Ewington. Licensing Team Leader 01446 709782
Richard Price, Lawyer, Legal Services 01446 709409
D R Thomas, Director of Development Services