Agenda Item No 6

The Vale of Glamorgan Council

Licensing Committee: 1st September 2009

Report of the Director of Legal, Public Protection and Housing Services

Request to Consider Exemption from Vale of Glamorgan Private Hire Vehicle Licence Conditions - Condition 9

Purpose of the Report

1.             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.

Recommendation

The Committee's instructions are requested.

Reason for the Recommendation

To advise Members that their instructions are requested.

Background

2.             Condition 9 of the Vale of Glamorgan Conditions for Private Hire Vehicles states;

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.

3.             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. 

4.             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.

5.             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

6.             On 9th March 2009 Mr. Standen made application for the grant of a Private Hire Vehicle Licence for a new vehicle, a Toyota Avensis FE08 0DW.

7.             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.

8.             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)

9.             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 Authority.

11.        Section 75(3) states;

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 issues)

13.        The Council is obliged to apply its licensing conditions on an equitable basis in the case of all applications.

Corporate/Service Objectives

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.        The proposals in this report are in accordance with the policy on Framework and Budget.

Consultation (including Ward Member Consultation)

16.        Not applicable.

Relevant Scrutiny Committee

17.        Housing and Public Protection.

Background Papers

None.

Contact Officer

Viv Symonds, Licensing Officer 01446 709105

Officers Consulted

None.

Responsible Officer:

Peter H. Evans, Director of Legal, Public Protection and Housing Services.