Agenda and draft minutes

Licensing Sub-Committee
Wednesday 27th February 2019 10.00 am

Venue: Bad Homburg Room, Civic Centre, Paris Street, Exeter. View directions

Contact: Mark Devin, Democratic Services Officer (Committees)  Telephone 01392 265477 or email  mark.devin@exeter.gov.uk

Items
No. Item

5.

Appointment of Chair

To appoint a Chair for the meeting.

 

Minutes:

Councillor Owen was appointed as Chair for this meeting.

 

6.

Declarations of Interest

Councillors are reminded of the need to declare any disclosable pecuniary interests that relate to business on the agenda and which have not already been included in the register of interests, before any discussion takes place on the item. Unless the interest is sensitive, you must also disclose the nature of the interest. In accordance with the Council's Code of Conduct, you must then leave the room and must not participate in any further discussion of the item.  Councillors requiring clarification should seek the advice of the Monitoring Officer prior to the day of the meeting.

 

Minutes:

No declarations of interest were made by Members.

 

LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976

TOWN POLICE CLAUSES ACT 1847

7.

Application to Renew a Private Hire Vehicle licence over 9 years old pdf icon PDF 123 KB

To consider the report of the Environmental Health and Licensing Manager.

 

Additional documents:

Minutes:

The Chair introduced the Sub-Committee and the Solicitor set out the procedure for the hearing advising of the Council’s policy and the requirements under Section

48(1) of the Local Government (Miscellaneous Provisions) Act 1976.

 

The Principal Licensing Officer presented the report stating that the vehicle was a silver Renault Scenic, NJ09 KDK, capable of carrying up to six passengers. It had been registered on 2 March 2009, making the vehicle over 9 years old. Copies of the V5 Registration document, insurance document and MOT certificate dated 30 January 2019 had been supplied to the Licensing Authority.

 

The Principal Licensing Officer commented that vehicles presented for renewal between the ages of 9 and 10 years old would be referred to the licensing sub- Committee for determination. The Council’s Practices and Procedures for the control of Hackney Carriage and Private Hire Vehicles, Drivers and Operators and the Code of Conduct for Licensed Drivers (‘Taxi Policy’) stated that vehicles presented for renewal that were more than 10 years old, should not be granted, but the applicant would be given the right to apply for the application to be considered by the Licensing Sub-Committee if the applicant felt their circumstances justified a deviation from the existing Taxi Policy.

 

The Principal Licensing Officer clarified that an independent vehicle inspection report had not been requested or provided. If the Committee were mindful to approve the renewal of the Licence, it could be subject to receipt of the inspection report by the licensing authority. The alternative option would be to adjourn the meeting until the report was received. The Solicitor confirmed that the document would need to be seen by the Licensing Sub Committee or delegated to the Licensing Authority to inspect.

 

The driver was in attendance and spoke in support of the application. He explained that vehicle was in good condition and capable of functioning as a taxi for another year.  The vehicle mileage was 18,000 miles in the last 12 months, however the vehicle was likely to be retired after the following year. He explained the journeys made were either long distance journeys to Heathrow, Gatwick and Bristol Airports or journeys within the local area. He confirmed that there was a dry powder fire extinguisher and first kit located in the vehicle for safety purposes.

 

The driver commented on the MOT advisory, which he considered to be an observation, however as he was not satisfied with the wording used, he would address the required work.

 

The Chair noted the driver’s comments regarding the criteria for determining the renewal of vehicles, should be based on the vehicles mileage, rather than just its age.

 

RESOLVED The Licensing Sub-Committee was mindful that the vehicle would be 10 years old on 2nd March 2019 therefore  the application for the renewal of a Private Hire Vehicle licence was approved for a period of three months, subject to the following being carried out to the satisfaction of the Principal Licensing Officer; 

 

The Applicant providing the Licensing Authority with:

 

1.    A  ...  view the full minutes text for item 7.

8.

LOCAL GOVERNMENT (ACCESS TO INFORMATION) ACT 1985 EXCLUSION OF PRESS AND PUBLIC

To pass the following resolution:

RESOLVED that, under Section 100A (4) of the Local Government Act 1972, the press and public be excluded from the meeting for item 5 on the grounds that it involves the likely disclosure of exempt information as defined in paragraphs 1 and 2 of Part I of Schedule 12A of the Act.

 

Minutes:

RESOLVED that, under Section 100A (4) of the Local Government Act 1972, the press and public be excluded from the meeting for the consideration of the following items on the grounds that they involved the likely disclosure of exempt information as defined in Paragraph 1 of Part I, Schedule 12A of the Act.

9.

Hearing to Determine Whether an Applicant for a Hackney Carriage / Private Hire Drivers Licence is a fit and proper person to hold a the licence

To consider the report of the Environmental Health and Licensing Manager.

 

Minutes:

The Chair introduced the Licensing Sub Committee Members and Officers.

The applicant had been referred to the Licensing Sub Committee to determine if he was a fit and proper person to hold a licence to drive a Hackney Carriage/Private Hire Vehicle.

 

The Solicitor set out the procedure for the hearing and explained Section 51 of the Local Government (Miscellaneous Provisions) Act 1976 stating that the Licensing Authority must be satisfied that a driver is a fit and proper person to hold a licence to drive a Hackney Carriage/Private Hire Vehicle.

 

The Solicitor stated that evidential burden was on the applicant to prove fitness and proprietary on the balance of probabilities. Every case before the Licensing Sub-Committee was heard on its individual merits and the main concern of the Licensing Sub-Committee was the safety of the travelling public.

 

The Interim Principal Licensing Officer presented the report and gave evidence in respect of the application which had been submitted on 18 December 2018. During the application process, eight convictions had been disclosed. The Applicant had submitted a DBS certificate, two references and attended with his prospective employer to speak on behalf of his fitness and proprietary. The Applicant answered questions from the Licensing Sub Committee and the Solicitor.

 

RESOLVED that the Licensing Sub-committee was satisfied that the Applicant was a fit and proper person to hold a driver’s licence for a Hackney Carriage/Private Hire Vehicle.