LICENSING PANEL
14 SEPTEMBER 2016
Subject: Private Hire Vehicle
Mr Ian Cook
Lead Officer: Vikki Goodman
Contact on 01789 267575 ext 2811
Lead Member: Councillor Stephen Gray
Summary
To consider an application from Mr Ian Cook for an exemption from the age policy for private hire vehicle, vehicle registration FP13 WNH.
Recommendation
That a decision be taken from one of the options identified in Section 2 of the report.
1 Stratford-on-Avon District Council Age Policy
1.1.1 The Policy of Stratford-on-Avon District Council with regard to Private Hire Vehicles reads as follows:-
· New vehicle licence will only be granted to vehicles less than three years of age from the date of first registration. This date will be taken from the vehicle registration document;
· Vehicle licences will not be renewed once a vehicle is over six years of age from the date of first registration.
1.1.2 The Policy is put into effect by the imposition of conditions on the Private Hire Vehicle Licence.
1.1.3 The policy is empowered by section 48 of the Local Government (Miscellaneous Provisions) Act 1976:
1.2 s48 Licensing of Private Hire Vehicles
1.2.1 (1) Subject to the provisions of this Part of this Act, a District Council may on the 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:
1.2.2 Providing 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;
1.3 The Vehicle
1.3.1 The vehicle will be available for the Panel to view prior to the hearing.
1.3.2 The vehicle is a Ford Focus Estate, first registered on 30 June 2013. At the time of this Committee the vehicle exceeds the first part of the Council’s age policy by three months. A copy of the V5 is included as Appendix 1.
1.3.3 The vehicle is an estate vehicle suitable for seating five passengers.
1.3.4 Mr Cook has written a letter giving reasons for requesting the extension to the age policy in relation to this vehicle. This is included as Appendix 2.
2 Options available to Licensing Panel
2.1 To grant an exemption to the Age Policy for this vehicle.
2.2 To refuse the application under the Council’s Age Policy.
3 Members’ Comments
3.1 There have been no comments from Members upon circulation of this report.
4 Implications of the Proposal
4.1 Legal/Human Rights Implications
4.1.1 Every application must be considered on its merits. What should, and should not, be taken into account will vary on individual circumstances. Matters to be considered include anything which a reasonable and fair-minded decision maker, acting in good faith, with proper regard to the interests both of the public and the applicant, could properly think it right to rely on.
4.1.2 In exercising discretion the Licensing Panel must have regard to relevant matters and disregard irrelevant matters. If a decision is so unreasonable that no reasonable authority could ever have come to it then the courts can interfere.
4.1.3 One of the relevant matters the Licensing Panel must have regard to in light of the above is the Department for Transport’s ‘Taxi and Private Hire Vehicle Licensing: Best Practice Guidance’.
4.1.4 The purpose of the Policy of the Council concerning the age of the vehicle is to try and ensure that licensed vehicles are as safe, reliable and comfortable as possible and to maintain overall standards.
4.1.5 The Policy guides but does not bind or fetter the discretion of the Council, and the Licensing Panel will have to decide whether the circumstances of the particular case justify an exception.
4.1.6 Section 6 of the Human Rights Act states that a public authority cannot act in any way, which is incompatible with a convention right. The relevant convention rights are the right to a fair trial and the right to peaceful enjoyment of possessions. A local authority can deprive a licensee of a licence if that action is either in the general interest or the public interest, and is also proportionate. The effect of this requires that every decision of the local authority must be viewed in the light of the Act and the European Convention on Human Rights.
4.2 Financial
4.2.1 Any associated costs will be included in existing budgets.
4.3 Environmental
4.3.1 There are no environmental implications to this report.
4.4 Analysis of the effects on Equality
4.4.1 None.
4.5 Corporate Strategy
4.5.1 None
5 Risk Assessment
5.1 None
6 Conclusion
6.1 The Panel must decide if this vehicle is licensed as a private hire vehicle, subject to an exemption to the Age Policy, or refused.
Phil Grafton
HEAD OF GOVERNANCE AND DEMOCRACY
AND MONITORING OFFICER
Background Papers: None