Agenda, decisions and draft minutes

Councillors Gwyneth Ellis, Hugh Irving and Paul Keddie.

Councillors Gwyneth Ellis, Hugh Irving, and Paul Keddie.

No declaration of interest had been raised.

No declaration of interest had been raised.

No urgent matters had been raised.

No urgent matters had been raised.

To receive the minutes of the Licensing Committee held on 4 December 2024 (copy enclosed).

RESOLVED that the minutes of the meeting held on 4 December 2024 be received and confirmed as a correct record.

The minutes of the Licensing Committee held on 4 December 2024 were submitted.

RESOLVED that the minutes of the meeting held on 4 December 2024 be received and confirmed as a correct record.

To consider the Licensing Committee’s forward work programme (copy enclosed).

RESOLVED that the forward work programme be received and approved.

The Public Protection, Regeneration and Economic Development Manager (PPREDM) presented the Committee’s forward work programme for consideration.

The forward work programme set out the priorities of the Licensing Section and there had been no changes since its approval by the Committee at its last meeting.

The PPREDM responded to questions and confirmed that the Lead Officer – Licensing had replied to the request circulated to members to review the age restriction on Wheelchair Accessible Vehicles which had been included on the forward work programme for June.  It was reiterated that any vehicle applications received which did not comply with the current policy could be referred to the Committee to determine whether it was appropriate to deviate from policy.  The management structure of the Licensing Section was also clarified.  In response to questions about the powers and responsibilities of the Licensing Committee together with its remit, assurances were provided that there had been no changes in that regard and no dilution of powers or delegation of those matters to officers.

RESOLVED that the forward work programme be received and approved.

RESOLVED that under Section 100A of the Local Government Act 1972, the Press and Public be excluded from the meeting for the following items of business on the grounds that it would involve the likely disclosure of exempt information as defined in Paragraphs 12 and 13 of Part 4 of Schedule 12A of the Act.

To consider a confidential report by the Head of Planning, Public Protection and Countryside Services (copy enclosed) seeking members’ determination of a renewal application for a Hackney Carriage Vehicle Licence.

RESOLVED that the renewal application for a Hackney Carriage Vehicle Licence be refused.

A confidential report by the Head of Planning, Public Protection and Countryside Services (previously circulated) was submitted upon –

(i)             an application having been received for the renewal of a Hackney Carriage Vehicle Licence;

(ii)            the vehicle having been licensed as a Hackney Carriage since first registration in 2008 and renewed annually since then with the existing licence expiring on 31 March 2025 when the vehicle would be 16 years old;

(iii)          officers having not been in a position to grant the application as the vehicle no longer complied with the Council’s existing policy due to the age restriction on vehicles for renewals (being up to 12 years old only) and the 5 year grace period of ‘grandfather rights’ having expired on 30 June 2024;

(iv)          background information and associated documentation having been provided including the Applicant’s supporting statement together with vehicle maintenance/compliance records, garage reference and emissions test, and

(v)           the Applicant having been invited to attend the meeting in support of the renewal application.

The Applicant was in attendance in support of the renewal application.

The Enforcement Officer (Licensing) presented the report, and the Licensing Committee was asked to consider whether it would be appropriate to depart from the Council’s policy concerning age requirements to grant the renewal application.

The Applicant indicated that he had nothing further to add to the report (which included his supporting statements and vehicle related documentation).

The Applicant responded to questions as to why he had not already taken steps to ensure compliance with the vehicle age policy pointing to his age and personal circumstances and it would not suit to work for another taxi operator.  He also explained the absence of full service and maintenance records given he undertook much of that work himself.  A question was also put to the Enforcement Officer who agreed that, as previously stated by the Applicant, there was limited availability of rank-based taxis, particularly in Rhyl and fewer taxis plying for hire.  The Applicant added that many operators concentrated on school contract work and there were only a few operators who undertook rank-based work which was a niche market.

In his final statement the Applicant referred to another vehicle of a similar age to his vehicle that had been licensed and reported that other areas licensed vehicles older than his own.  He also referred to his long-standing good conduct as a licensed driver and asked the Committee to look favourably on his application.  Members noted that the vehicle referred to by the Applicant was a specialist vehicle type which did not apply in this case and it was accepted that other local authorities operated different policies.  The Enforcement Officer added that the Council operated a robust policy which was strictly enforced, and which was effective in supporting new vehicles that were roadworthy and safe for use.  It was confirmed that the Applicant had been made fully aware of the policy requirements.

The Committee adjourned to consider the renewal application and it was –

RESOLVED that the renewal application for a Hackney Carriage Vehicle Licence be refused.

The reasons for the Licensing Committee’s decision were as follows –

The Committee had carefully considered the submissions of the Applicant together with the information provided by the officers in advance of the meeting and thanked all parties for their assistance.  In reaching their decision the Committee noted and thanked the Applicant for his considerable service of over 30 years to the taxi trade.

Members had carefully considered the relevant sections of the Council’s Hackney Carriage and Private Hire Licensing Policy and Conditions relating to vehicle age.  In particular, the  ...  view the full minutes text for item 6.