Agenda Item No

The Vale of Glamorgan Council

Public Protection Licensing Committee 6th November 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, Volvo V50

Purpose of the Report

  1. To consider a request by Ms Amanda Ewington to waive the Vale of Glamorgan Council's Age Policy Guidelines in respect of a Private Hire Vehicle Licence application for a Volvo V50 Diesel Estate Car Registration, X40 AJE.

Recommendations

  1. Members are requested to determine whether to grant the request to waive the Vale of Glamorgan Council's Age Policy Guidelines in respect of this application.
  1. Members must consider any representations made by Ms Ewington.
  2. In coming to a decision, Members must have regard to Section 48 of the Local Government (Miscellaneous Provisions) Act 1976 as set out in paragraph 10 of this report.

Reason for the Recommendations

To advise Members of the options available to them.

Background

  1. The Committee has adopted Age Policy Guidelines in respect of the age of vehicles at first licensing.  The Age Policy Guidelines have been in operation for a number of years and were last revised on 5 November 2013 when the class of vehicle to which the policy applies was simplified. 
  2. Class One requires that the vehicle must be less than five years old to have a licence granted.  This vehicle falls within the Class One category and the date of first registration for this vehicle is 17 March 2011 making it 7 years and 6 months old at the time of application.    

 

Relevant Issues and Options

  1. On 8th October 2018 Ms Ewington submitted an application for a Private Hire Vehicle Licence for the above-mentioned vehicle.  The application was accompanied by a letter requesting that the Age Policy Guidelines be waived and a licence be granted.  The letter is attached at Appendix A.
  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