Agenda Item No 5

The Vale of Glamorgan Council

 

Public Protection Licensing Committee: 17 April 2018

 

Report of the Director of Environment and Housing

 

Application to Waive the Vale of Glamorgan Council's Age Policy Guidelines for the Grant of a Private Hire Vehicle Licence, Mercedes S350

 

Purpose of the Report

  1. To consider a request by Mr Terrence Gape to waive the Vale of Glamorgan Council's Age Policy Guidelines in respect of a Private Hire Vehicle Licence application for a Mercedes S350 Registration CE62 DVL.

Recommendations

  1. 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 Mercedes S350 CE62 DVL.
  • 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 Mr Gape wishes to have considered.
  1. 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.

Or

If Members are minded to refuse the application, give reasons for this decision.

  1. The officer recommendation in this matter is that the application to waive the Age Policy Guidelines be granted.

Reason for the Recommendations

To advise Members of the options available to them.

Background

  1. Class One is one of two classes of vehicles used in the Vale of Glamorgan in conjunction with the Age Policy Guidelines. The Age Policy Guideline requires that Class One vehicles must be under 5 years old to have a licence granted. The date of first registration for this vehicle is 1 September 2012.

Relevant Issues and Options

  1. On 14 March 2018 Mr Gape submitted an application for a Private Hire Vehicle Licence for the above-mentioned vehicle.  This vehicle was previously licensed as a private hire vehicle until 7 February 2018.  An MOT certificate is in force which expires on 23 July 2018.  The last recorded mileage in July 2017 was 43272.
  2. If Members are minded to approve the waiver of Age Policy Guidelines in respect of this vehicle, Section 48 below will apply, and the vehicle will be presented for testing at the Alps Depot.  A licence will only be issued from the date the vehicle receives a satisfactory pass certificate.

Resource Implications (Financial and Employment)

  1. 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

  1. None.

Legal Implications (to Include Human Rights Implications)

  1. 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 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

(v) comfortable;

  1. Section 48(2) of the Local Government (Miscellaneous Provisions) Act 1976 states;

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.

  1. Section 48 (7) The Local Government (Miscellaneous Provisions) Act 1976 states:-

Any person aggrieved by the refusal of a district council to grant a vehicle licence under this section, or by any condition specified in such a licence, may appeal to a magistrates' court.

Crime and Disorder Implications

  1. 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)

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

Corporate/Service Objectives

  1. Regulatory Services contribute to the Well Being Outcome 1: "An inclusive and Safer Vale and Objective 2 Providing decent homes and safe communities."

Policy Framework and Budget

  1. This is a matter for decision for the Public Protection Licensing Committee.

Consultation (including Ward Member Consultation)

  1. None.

Relevant Scrutiny Committee

18.      Homes and Safe Communities

Background Papers

None.

Contact Officer

Yvonne Witchell, Team Manager Licensing 01446 709105

Officers Consulted

Richard Price, Lawyer, Legal Services 01446 709409

Responsible Officer:

Miles Punter - Director of Environment and Housing