Agenda and minutes

To receive any apologies for absence and notices of appointment of Substitute Members (if any).

There were no apologies.

To elect a Chairman for the meeting.

RESOLVED that Cllr L Taylor be elected Chairman of the Sub Committee for the meeting.

Cllr Taylor then took the Chair.

The Sub Committee to determine, in the light of the application, the current policy in place and the case presented by the applicant, whether the vehicle should be licensed with this authority.

Members of the Sub-Committee and officers introduced themselves.

Members of the Sub-Committee confirmed that they had no interests to declare and discussed whether to hold the hearing in public or in private.  It was AGREED that the hearing be in public.

The Committee had before it an application for a Hackney Vehicle Licence.

The Licensing Officer outlined the contents of the report * explaining that the Authority licenced both taxi drivers and their vehicles and it was important to remember that when issuing licences priority was to ensure public safety, that drivers remained fit and proper and that vehicles were suitable and remained suitable and safe.

The Authority had a Hackney Carriage and Private Hire Licensing policy which contained 5 key aims and objectives. The two which were most relevant in this instance were highlighted as;

• Vehicle safety, comfort and access
• Environmental Protection.

The officer explained that generally newer vehicles had fewer miles on the clock and had more safety features.  Also newer vehicles tended to have better engine management systems and were more environmentally friendly. The policy also referred to the ages of vehicles when they were first licenced and from April 2014 it had been agreed, in conjunction with the trade, that all new vehicles would be no older than 5 years old, therefore currently all new vehicles would now meet a minimum of euro 5 standard.

The policy which had been adopted was flexible and whilst the Licensing team could not refuse to accept an application for a licence, any application which was received which did not meet the minimum standards of the policy had to be referred to a Regulatory Subcommittee for their consideration.

In addition to the policy the authority also had a statutory duty to protect air quality, under the local air quality management regime.

On 3^rd July 2017 the applicant had submitted an application for a Hackney Vehicle licence. At the time of the application the vehicle was 16 years and 271 days over the rolling 5 year age limit as set out in the policy. The vehicle had first been registered in 1995 and at that time it met a Euro Standard 1. The vehicle would be 22 years old on 6^th Oct 2017, however the officer understood that the vehicle had been modified to a Euro 3 standard in order  for it to be used in London when the congestion charge was introduced in 2007.

The vehicle was a Carbodies Fairway Taxi, best described as a London Taxi. It was capable of carrying 5 passengers and was also wheelchair accessible. It had passed an MOT test and a taxi test so it did meet the Licenced Vehicle testing standards as set out in Appendix H of the policy.

Since the report was issued the applicant had provided an MOT exhaust emissions test and photographs of the modification to the vehicle which had taken place to meet the Euro 3 standards, these documents were tabled at the meeting.

The officer  ...  view the full minutes text for item 3.

The Sub Committee to decide, in light of the information set out within the report and the response of the applicant, whether or not the individual is considered fit and proper to hold a licence with this authority.

During discussion of this item it may be necessary to pass the following resolution to exclude the press and public having reflected on Article 12 12.02(d) (a presumption in favour of openness) of the Constitution. This decision may be required because consideration of this matter in public may disclose information falling within one of the descriptions of exempt information in Schedule 12A to the Local Government Act 1972. The Committee will need to decide whether, in all the circumstances of the case, the public interest in maintaining the exemption, outweighs the public interest in disclosing the information.

ACCESS TO INFORMATION ACT – EXCLUSION OF THE PRESS AND PUBLIC

RECOMMENDED that under section 100A(4) of the Local Government Act 1972 the public be excluded from the next item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A of the Act, namely information relating to an individual.

Members of the Sub-Committee and officers introduced themselves.

Members of the Committee confirmed that they had no interests to declare and discussed whether to hold the hearing in public or in private.  Given the specific information contained within the report it was:

RESOLVED that under Section 100A (4) of the local Government Act 1972, the public be excluded from the meeting on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 1 of Part 1 of Schedule 12A of the Act, namely information relating to an individual.

(Proposed by the Chairman)

The Licensing Officer outlined the contents of the report, explaining the responsibility of the Local Authority and informing the applicant where the Hackney Carriage and Private Hire Policy could be found if required. He explained the key aims and objectives of the hearing, being the protection of public health and the prevention of crime and disorder.

The Sub Committee withdrew to consider additional information that had not been available to them prior to the meeting.

On their return the Sub Committee put questions to the applicant.

Having reflected on the evidence presented to them the Sub Committee RESOLVED to grant the application for a Hackney Carriage/Private Hire Driver Licence;

Reasons for this were:

·       The applicant now had a more stable home and work life;

·       The offences within the report were a considerable time ago and refusal was usually only for a 3 year period following an offence;

·       The applicant had undertaken further training;

·       The licence application was only for a period of one year;

·       The applicant had the support of his employer.

(Proposed by the Chairman)

Note: Report * previously circulated.