Agenda Item No 5
The Vale of Glamorgan Council
Licensing Committee 20th January 2015
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, Ford Galaxy, CK04 ANV.
Purpose of the Report
1. To consider a request by Mr Khalil Ahmed to waive the Vale of Glamorgan Council’s Age Policy Guidelines in respect of a Hackney Carriage Vehicle Licence application for a Ford Galaxy, registration number CK04 ANV.
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 HC085, a Ford Galaxy, registration number CK04 ANV.
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 refused.
Reason for the Recommendation
The vehicle is now almost eleven years old, and is 5 years and 10 months outside the Age Policy Guidelines.
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 CK04 ANV was 18th March 2004, therefore the vehicle is now 10 years and 8 months old.
Relevant Issues and Options
4. Vehicle registration number CK04 ANV was licensed as Hackney Carriage Vehicle number HC085, from the 21st July 2011 to 20th July 2012, and from 4th September 2012 to 3rd January 2015. During that time the vehicle has been owned by five proprietors, the current proprietor being Mr Khalil Ahmed.
5. On 10th November 2014 a standard reminder letter in regard to the renewal of his Hackney Carriage Licence was sent to Mr Ahmed. A copy of the letter is attached to this Report at Appendix A.
6. Proprietors of licensed vehicles in the Vale of Glamorgan are aware that appointments for inspection at the Alps Depot are limited and it is necessary to make an appointment in good time to ensure the renewal of licences.
7. On the afternoon of Friday 2nd January 2015, the very last day on which the vehicle could be tested for renewal of the licence, Mr Ahmed attended the Civic Offices to make application to renew the Hackney Carriage Licence for CK04 ANV.
8. Despite the fact that, at exceptionally late notice, an appointment was made for the vehicle to be tested at the Alps Garage; the vehicle was not presented for inspection and the Hackney Carriage Licence HC085 expired.
9. The standard fee for failure to attend test appointment at the Alps Depot is £45.00.
10. On 5th January 2015 Mr Ahmed submitted a letter asking that the Licensing Committee consider waiving the Vale of Glamorgan's Age Policy Guidelines in respect of the grant of a Hackney Carriage Licence for CK04 ANV. A copy of Mr Ahmed's letter is attached to this Report at Appendix B.
11. 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.
12. In order to book a test appointment Mr Ahmed will be required to first of all pay the £45.00 'non-attendance' fee.
Resource Implications (Financial and Employment)
13. 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)
15. 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
16. 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)
17. The Council is obliged to apply its licensing conditions on an equitable basis in the case of all applications.
18. 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
19. This is a matter for decision by the Licensing Committee.
Consultation (including Ward Member Consultation)
Relevant Scrutiny Committee
21. 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