Agenda item

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

11.30 am

RESOLVED that the application for a Private Hire Vehicle Licence be granted subject to the additional conditions as detailed in Appendix 3 to the report.

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 a Private Hire Vehicle Licence;

(ii)          officers having not been in a position to grant the application as the vehicle presented for licensing did not comply with the Council’s policy with regard to the five-year age limit for vehicles licensed under a new application;

(iii)         additional conditions being applicable to the licensing of specialist vehicle types such as the one presented in this case together with supporting evidence submitted by the Applicant, and

(iv)         the Applicant having been invited to attend the meeting in support of the application and to answer members’ questions thereon.

The Applicant was in attendance and confirmed he had received the report and committee procedures.

The Enforcement Officer (KB) summarised the report and facts of the case.

The Applicant presented his case advising that he was a long established operator of specialist vehicles with an unblemished record and provided some background to the nature and operation of the business.  He elaborated on the proposed vehicle for licensing (registered in 2008) and its merits which included high standards and safety requirements and ongoing maintenance and service schedules.  He submitted that the age policy had a disproportionate effect on the specialist nature of his business and the vehicle under consideration was a type of luxury vehicle not normally used for routine private hire work with less wear and tear. It was also submitted that, in recognition of such specialist vehicle types, other councils did not apply an age policy to vehicles of that nature.

The Applicant answered members’ questions regarding the potential use and estimated mileage of the vehicle and provided assurances with regard to future maintenance schedules and compliance testing, and adherence to the proposed additional conditions for specialist vehicle types.  The Committee had previously granted a licence for a comparable vehicle outside the age limit on a similar basis.  In his final statement the Applicant advised that he was willing to comply with any licence conditions the Committee considered appropriate for the vehicle in question.

The Committee adjourned to consider the application and it was –

RESOLVED that the application for a Private Hire Vehicle Licence be granted subject to the additional conditions as detailed in Appendix 3 to the report.

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

Members had carefully considered the application, officer’s report and the case put forward by the Applicant both in writing in advance of the meeting and at the meeting itself.

In reaching their decision, the Committee noted the nature and type of business operated and that the Applicant was a reputable, long established operator of such specialist services.  On that basis, and having considered specifically the specialist nature of the vehicle proposed to be licensed, the intended use of the vehicle, and the strict bi-annual maintenance service by Fleet Services, members agreed that a case had been made to deviate from their age limit policy in this instance and grant the application as applied for, subject to the additional conditions applicable to the specialist vehicle type, as set out in Appendix 3 to the report.

The Committee’s decision and reasons therefore were conveyed to the Applicant.

[As an aside, the Committee felt there may be merit in introducing a separate policy in respect of specialist vehicle types, and officers agreed that the matter could be subject to further consideration as part of the future policy review going forward.]

At this juncture Councillor Gwyneth Ellis left the meeting.