Agenda Item No 6
The Vale of Glamorgan Council
Licensing Committee: 1st September 2009
Report of the Director of Legal, Public Protection and Housing
Request to Consider Exemption from Vale of Glamorgan Private
Hire Vehicle Licence Conditions - Condition 9
Purpose of the Report
To ask Members to consider a request by Mr. Walter Standen to allow
his vehicle, a Toyota Avensis PH042 FE08 0DW, to be exempt from the
Vale of Glamorgan Council's conditions in relation to Private Hire
Vehicle identification door stickers.
The Committee's instructions are
Reason for the Recommendation
To advise Members that their instructions are
Condition 9 of the Vale of Glamorgan Conditions for Private Hire
The proprietor and/or driver shall at all times
ensure that there shall be clearly displayed on the centre or upper
part of each front door of the vehicle, the adhesive private hire
identification sticker supplied by the Licensing Authority .
The stickers must be permanently fixed to each door with the
identification sticker's adhesive backing.
On 20th May 2003 the Licensing Committee considered a request by
Mr. Standen for an exemption from the condition requiring
permanently affixed door stickers to be used on his previous
Private Hire vehicle.
At this time Mr. Standen was carrying out work for Vale of
Glamorgan Women's Aid. Mr. Standen requested permission to
use magnetic door stickers that could be removed when fulfilling
these contracts. Mr. Standen's request was supported by a
letter from Women's Aid.
The Committee resolved to allow the use of magnetic door stickers
because of the sensitive nature of the work Mr. Standen carries out
for Vale of Glamorgan Women's Aid and because of the possible
threat to the safety of driver and passengers. A copy of the
minutes of this meeting is attached at Appendix
A to this report.
Relevant Issues and Options
On 9th March 2009 Mr. Standen made application for the grant of a
Private Hire Vehicle Licence for a new vehicle, a Toyota Avensis
On 6th March 2009 a letter was received from Vale of Glamorgan
Women's Aid in relation to the use of magnetic door stickers on the
vehicle. A copy of the letter is attached at Appendix
B to this report.
On 21st July 2009 a letter was received from Mr. Standen requesting
the use of magnetic door stickers. A copy of the letter is
attached at Appendix
C to this report.
Resource Implications (Financial and Employment)
All resources directed to the administration and enforcement of the
Taxi Licensing function must be recovered through Taxi Licensing
Fees and Charges.
Legal Implications (to Include Human Rights Implications)
10. Section 48(2) of the
Local Government (Miscellaneous Provisions) Act 1976 allows a
Council to make conditions relating to the prohibition or the
displaying of signs on Private Hire Vehicles licensed by that
11. Section 75(3)
Where a licence under section 48 of this Act is in
force for a vehicle, the council which issued the licence, may by a
notice in writing given to the proprietor of the vehicle, provide
that paragraph (a) of subsection 6 (refers to the fixing of plates
or discs) of that section shall not apply to the vehicle on any
occasion specified in the notice or shall not apply when the notice
is carried in the vehicle; and on any occasion by virtue of this
subsection that paragraph does not apply to a vehicle section
54(2)(a) (the wearing of a badge by the driver) of this Act shall
not apply to the driver of the vehicle.
Crime and Disorder Implications
12. Under Section 17 of
the Crime and Disorder Act 1998 the Council has a statutory duty to
consider crime and disorder implications whilst regulating
licensable activities. We must have due regard to the likely
effect of the exercise of those functions on the need to do all we
can reasonably do to prevent crime and disorder in our area.
Equal Opportunities Implications (to include Welsh Language
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
Policy Framework and Budget
15. The proposals in this
report are in accordance with the policy on Framework and
Consultation (including Ward Member Consultation)
16. Not applicable.
Relevant Scrutiny Committee
17. Housing and Public
Viv Symonds, Licensing Officer 01446
Peter H. Evans, Director of Legal, Public
Protection and Housing Services.