Agenda item

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 Committee had considered Section 5.4.2 which provided that “a renewal of a vehicle can be granted up to the age of 12 years only, whereupon the vehicle must be replaced with one of up to a maximum age of 5 years old from the date of first registration”.  The vehicle subject of the renewal application would be 16 years and 8 months old at the date of renewal and almost 18 years old at the date of expiry of the licence, being almost 5 – 6 years over the age limit stipulated in the policy.  The vehicle had also accrued considerable mileage at 272,053 miles.

 

Section 5.4.3 of the Council’s Policy dealt with the grandfather rights.  The policy came into force in 2017 and the Applicant had 5 years after the implementation of the policy to comply with the age restriction and a further 2 years due to the Covid 19 pandemic.  Therefore, the Committee found that the Applicant had known for more than 7 years of the situation and the requirements to comply when the licence ended and had failed to do so.

 

Members were minded that the policy had been implemented to both support environmental initiatives and ensure the safety and comfort of the public.

 

Given these policy provisions the Committee considered whether it would be appropriate to deviate from the policy in this case.  The Committee had taken into account the submissions provided by the Applicant and whilst the Committee was sympathetic to the Applicant’s personal circumstances, the only relevant considerations related to the vehicle subject of the application.  The Applicant had been unable to produce full service and maintenance records and there were numerous advisories contained within the MOT/Compliance records.  It was also noted in the officer’s report that the vehicle had been subject to considerable wear and tear and it was not a specialist type vehicle.  In addition, the Committee found that the current policy had been in operation since 2017 and the Applicant had been aware of it and the policy requirements with regard to vehicle age.  The Council had adopted the policy to raise standards amongst the fleet and the age limit of new vehicles was part of that.  Consequently, the Committee considered that the Applicant had offered no acceptable mitigation in terms of exceptional circumstances or justifiable reasons which would persuade them to deviate from their policy in this instance and resolved to refuse the renewal application.

 

The Chair conveyed the Committee’s decision to the Applicant and the Legal Advisor reported on the reasons for that decision.  The Applicant was also advised of his right of appeal against the decision to the Magistrates Court within 21 days.

 

The meeting concluded at 10.40 am.