Agenda Item No. 5
The Vale of Glamorgan Council
Licensing Committee: 29th September 2015
Report of the Director of Environment and Housing Services
Application to Waive the Vale of Glamorgan Council's Age Policy Guidelines for the Grant of a Private Hire Vehicle Licence, in respect of a Skoda Octavia, registration number WM10 ZTV
Purpose of the Report
To consider a request by C J Contract Travel Services Ltd to waive the Vale of Glamorgan Council's Age Policy Guidelines, in respect of an application for the Grant of a Private Hire Vehicle Licence for a Skoda Octavia, registration number WM10 ZTV.
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 registration number WM10 ZTV.
Whether they are satisfied that this vehicle is suitable in type, size and design in accordance with Section 48 of the Local Government (Miscellaneous Provisions) Act 1976 to be licensed as a Private Hire Vehicle.
Any factors C J Contract Travel Services Ltd wishes to have considered.
If Members are satisfied that this vehicle meets the requirements of Section 48 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 Recommendation
Vehicle registration number WM10 ZTV is now over five years old. At the time the application for a Private Hire Vehicle Licence was received, the vehicle was 1 day outside the Age Policy Guidelines in relation to Granting a Private Hire Licence.
Class 1 is one of two classes of vehicles licensed by the Vale of Glamorgan Council in conjunction with the Age Policy Guidelines. The Age Policy Guidelines are in Section 12 of the Information Pack for Committee Members.
Class 1 vehicles must be under 5 years old to have a licence granted. The date of first registration for the vehicle registration WM10 ZTV was 23rd August 2010.
Relevant Issues and Options
On 24th August 2015, C J Contract Travel Services Ltd submitted an application for the grant of a Private Hire Vehicle Licence in respect of vehicle registration WM10 ZTV. A copy of this application is attached at Appendix A to this report.
On 24th August 2015, a letter was received from C J Contract Travel Services Ltd, requesting that the Licensing Committee consider waiving the Age Policy Guidelines in respect of vehicle registration WM10 ZTV. This letter is attached at Appendix B to this report.
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)
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)
Section 48 of the Local Government (Miscellaneous Provisions) Act 1976 states: -
(1) Subject to the provisions of this Part of this Act, a district council may on the receipt of an application from the proprietor of any vehicle for the grant in respect of such vehicle of a licence to use the vehicle as a private hire vehicle, grant in respect thereof a vehicle licence:
Provided that a district council shall not grant such a licence unless they are satisfied-
(a) that the vehicle is-
(i) suitable in type, size and design for use as a private hire vehicle;
(ii) not of such design and appearance as to lead any person to believe that the vehicle is a hackney carriage;
(iii) in a suitable mechanical condition;
(iv) safe; and
(b) that there is in force in relation to the use of the vehicle a policy of insurance or such security as complies with the requirements of [F94Part VI of the Road Traffic Act 1988],
and shall not refuse such a licence for the purpose of limiting the number of vehicles in respect of which such licences are granted by the council.
(2) A district council may attach to the grant of a licence under this section such conditions as they may consider reasonably necessary including, without prejudice to the generality of the foregoing provisions of this subsection, conditions requiring or prohibiting the display of signs on or from the vehicle to which the licence relates.
(3) In every vehicle licence granted under this section there shall be specified-
(a) the name and address of-
(i) the applicant; and
(ii) every other person who is a proprietor of the private hire vehicle in respect of which the licence is granted, or who is concerned, either solely or in partnership with any other person, in the keeping, employing or letting on hire of the private hire vehicle;
(b) the number of the licence which shall correspond with the number to be painted or marked on the plate or disc to be exhibited on the private hire vehicle in accordance with subsection (6) of this section;
(c) the conditions attached to the grant of the licence; and
(d)such other particulars as the district council consider reasonably necessary.
(4) Every licence granted under this section shall-
(a) be signed by an authorised officer of the council which granted it;
(b) relate to not more than one private hire vehicle; and
(c) remain in force for such period not being longer than one year as the district council may specify in the licence.
(5) Where a district council grant under this section a vehicle licence in respect of a private hire vehicle they shall issue a plate or disc identifying that vehicle as a private hire vehicle in respect of which a vehicle licence has been granted.
(6)(a) Subject to the provisions of this Part of this Act, no person shall use or permit to be used in a controlled district as a private hire vehicle in respect of which a licence has been granted under this section unless the plate or disc issued in accordance with subsection (5) of this section is exhibited on the vehicle in such manner as the district council shall prescribe by condition attached to the grant of the licence.
(b) If any person without reasonable excuse contravenes the provisions of this subsection he shall be guilty of an offence.
(7) Any person aggrieved by the refusal of a district council to grant a vehicle licence under this section, or by any conditions specified in such a licence, may appeal to a magistrates' court.
Crime and Disorder Implications
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)
The Council is obliged to apply its licensing conditions on an equitable basis in the case of all applications.
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
This is a matter for decision by the Licensing Committee.
Consultation (including Ward Member Consultation)
Relevant Scrutiny Committee
Housing and Public Protection.
Amanda Ewington. Licensing Team Leader 01446 709782
Evelyn Morgan, Lawyer, Legal Services 01446 709409
Miles Punter - Director of Environment and Housing Services