Agenda item

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

RESOLVED that the application for a Private Hire Vehicle Licence be granted in respect of the vehicle concerned with its present seating configuration.

A confidential report by the Head of Planning and Public Protection (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 specifications as detailed in the Council’s Hackney Carriage and Private Hire Licensing Conditions, namely (1) the seat configuration did not provide the minimum clearance through which passengers may pass, and (2) passengers would be required to tip one of the other seats to access/exit the rear row of seats, and

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

The Applicant was in attendance at the meeting together with his Representative and following introductions confirmed that he had received the report and committee procedures.  Members also confirmed that they had received, via email, supplementary information from the Applicant in support of his application which was made available to all parties at the meeting.

The Licensing Enforcement Officer presented the report and asked the committee to consider whether it would be appropriate to depart from the Council’s policy concerning vehicle specifications in order to grant the application as applied for.

The Applicant’s Representative explained the main concern was that altering the vehicle specification to conform to the current council policy would result in the Applicant falling foul of type approval and lead him to be held personally liable in the event of an accident.  He also referred to advice received from VOSA and the Department of Transport in that regard and drew members’ attention to the supplemental information (previously circulated) consisting of a letter from the National Private Hire Association in support of the application.  The National Private Hire Association had made reference to –

·         the Department of Transport’s Best Practice Guidance

·         judgments from two legal challenges taken to Magistrates Court

·         statement from Ford UK relating to seat alterations

In light of the evidence presented the Applicant’s Representative asked the committee to grant the application for the vehicle concerned with its present seating configuration.  He also asked that this aspect of the policy guidelines be further considered as part of the current hackney carriage and private hire licensing policy review.

In response to questions the Applicant and his Representative explained the seating configuration in further detail including access and egress from the rear of the vehicle together with the implications should seating be removed.  It was confirmed that the Applicant had been provided with a copy of the council’s conditions prior to purchasing the vehicle.  In terms of the minimum clearance for passengers the Applicant’s Representative advised that the front seat gap measured the same as the rear seat on the said vehicle which fell below the minimum stipulated in the conditions.  In his final statement the Applicant’s Representative asked members to grant the application as applied for.  If the committee was not minded to grant the application with the present seating configuration he asked whether a certificate could be supplied absolving the Applicant of any liability in the event of an accident.

The committee adjourned to consider the application and it was –

RESOLVED that the application for a Private Hire Vehicle Licence be granted in respect of the vehicle concerned with its present seating configuration.

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

Members had carefully considered the application and evidence presented in this case and had been mindful of their responsibilities in respect of licensing vehicles.  The committee was satisfied that the vehicle subject to the application met the legal requirements for use as a private hire vehicle being suitable in type, size and design; was mechanically suitable, safe and it was comfortable.  Consequently the committee resolved to grant the application as applied for. 

The committee’s decision and reasons therefore were conveyed to the Applicant and his Representative.  Members asked that this case be taken into account during the review of hackney carriage and private hire licensing policies.  Councillor Joan Butterfield also asked that advertising on licensed vehicles be revisited as part of the policy review.

At this juncture (11.10 a.m.) the meeting adjourned for a refreshment break.