Agenda Item No 4
The Vale of Glamorgan Council
Licensing Committee 4th November 2014
Report of the Director of Development Services
Application to Grant a one year Hackney Carriage Licence for a Seat Toledo, Registration SJ64 HZV.
Purpose of the Report
1. To consider a request by Mr Iqbal Miah of Vale Taxi Hire Ltd, 3 Woodham Road, Room No 2, No 2 Dock, Barry, CF63 4JE to grant a one year Hackney Carriage Licence in respect of a Seat Toledo, Registration number SJ64 HZV.
1. After careful consideration of the facts of this Report and after hearing from Mr Miah, members instructions are requested in respect of this matter. Members may wish to consider the following options:-
Grant a one year Hackney Carriage Licence, with no further action; Or
Refuse the grant of a one year licence, giving full reasons for this decision, in accordance with the current Age Policy Guidelines.
2. The Officer recommendation is that the six month Hackney Carriage Licence remains in force, in accordance with the Vale of Glamorgan Council's age policy guidelines, and Mr Miah's request for a one year Licence is refused.
Reason for the Recommendations
1. To uphold the Vale of Glamorgan Councils Age Policy Guidelines and ensure a fair and equitable trading environment, so as to not treat unfairly those proprietors who have not been able to obtain a 12 month Vehicle Licence, when there has been more than the delivery mileage displayed on the odometer of a new vehicle.
2. Hackney Carriage Licences are issued in compliance with the Vale of Glamorgan Council's Age Policy Guidelines, which state that a one year licence will be granted where a vehicle has delivery mileage only. A copy of the Age Policy Guidelines can be found at section 12 of the Members' Packs.
3. The date of first registration for the vehicle registration SJ64 HZV was 3rd October 2014.
4. The mileage for the vehicle registration SJ64 HZV, at the time it was produced at the Alps Testing Depot was 113 miles.
Relevant Issues and Options
5. On 14th October 2014, Mr Miah submitted an application for vehicle registration SJ64 HZV to be licensed as a Hackney Carriage Vehicle for the period of one year. A copy of this application is attached at Appendix A to this report.
6. As Mr Miah was unable to produce a V5 registration document for the vehicle, and he was requesting a one year licence, he was questioned by a Licensing Administration Officer in relation to the mileage on the vehicle. A statement from the Licensing Administration Officer is attached to this Report at Appendix B.
7. On 17th October 2014, vehicle registration SJ64 HZV was presented at the Alps Testing Depot. A pass certificate was issued, which stated the vehicles mileage as 113 miles. A copy of this pass certificate is attached at Appendix C to this report.
8. Mr Miah was asked to produce a 'Bill of sale' stating the vehicles mileage at the time of sale.
9. On 17th October 2014, at Mr Miah request, an email was sent to Mr Miah explaining why vehicle registration SJ64 HZV would not be granted a one year Hackney Carriage Licence. A copy of this email is attached at Appendix D to this report.
10. On 17th October 2014, a Hackney Carriage Licence was issued to vehicle registration SJ64 HZV for a period of six months. A copy of this Licence is attached at Appendix E to this report.
11. On 20th October 2014, a letter was received from Mr Iqbal Miah, appealing against the decision of the Licensing Department to grant a six month Hackney Carriage Licence. Attached to this letter was correspondence from The Taxi Centre, which confirmed that vehicle registration SJ64 HZV was delivered by transporter to Vale Taxi Hire Ltd, "with no more than 87 miles on the clock ". A copy of this letter and the attached documents, including the Bill of Sale, are attached at Appendix F to this report.
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
R D Thomas, Director of Development Services