Agenda and draft minutes

Licensing Sub-Committee - Thursday 16th September 2021 10.00 am

Venue: Guildhall, High Street, Exeter. View directions

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

Items
No. Item

52.

Appointment of Chair

To appoint a Chair for the meeting.

 

Minutes:

Councillor Holland was appointed as Chair for this meeting.

 

53.

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.

 

54.

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 items 4,5 and 6 on the grounds that if 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.

 

LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976

TOWN POLICE CLAUSES ACT 1847

55.

RENEWAL OF A LICENCE RELATING TO A PRIVATE HIRE VEHICLE OVER 9 YEARS OLD.

To consider the report of the Service Lead - Environmental Health & Community Safety.

 

Minutes:

The Chair introduced the Licensing Sub-Committee and advised that the meeting was quorate to proceed with two Members, and the Applicant, who was in attendance confirmed they were happy to proceed with the hearing. The Legal Advisor set out the procedure for the hearing advising of the requirements under Section 48(1) of the Local Government (Miscellaneous Provisions) Act 1976.

 

The Principal Licensing Officer presented the application to renew a Private Hire Vehicle licence in relation to a vehicle which was over 9 years old at the renewal date licensing. A vehicle MOT certificate had been submitted, with an independent mechanical inspection report. The vehicle had been inspected by the Licensing Authority, who had considered the vehicle to be in a good condition. Additional photographs of the vehicle had been submitted and included in the report presented at the meeting.

 

The Principal Licensing Officer explained the Taxi Policy, which stated that vehicles presented for renewal aged between 9 and 10 years old would be referred to the licensing sub-committee for determination. Vehicles over 10 years old shall not be granted, however, the Applicant had the right to apply for the application to be considered by a Licensing Sub-Committee if the Applicant considered that their circumstances justified a deviation from the policy.

 

The Applicant was in attendance and spoke in support of the application and responded to questions, from Members, the Legal Advisor, and the Principal Licensing Officer.

 

RESOLVED that the application for the renewal of a Private Hire Vehicle licence be granted until 1 June 2021.

 

 

56.

RENEWAL OF A LICENCE RELATING TO A PRIVATE HIRE VEHICLE OVER 9 YEARS OLD.

To consider the report of the Service Lead - Environmental Health & Community Safety.

 

Minutes:

The Chair introduced the Licensing Sub-Committee and advised that the meeting was quorate to proceed with two Members, and the Applicant, who was in attendance confirmed they were happy to proceed with the hearing. The Legal Advisor set out the procedure for the hearing advising of the requirements under Section 48(1) of the Local Government (Miscellaneous Provisions) Act 1976.

 

The Principal Licensing Officer presented the application to renew a Private Hire Vehicle licence in relation to a vehicle which was over 9 years old at the renewal date licensing. The Applicant had submitted a vehicle MOT certificate and an independent mechanical inspection report, with photographs of the vehicle. The vehicle had also been inspected by the Licensing Authority, who had considered the vehicle to be in a reasonable condition.

 

The Principal Licensing Officer explained the Taxi Policy, which stated that vehicles presented for renewal aged between 9 and 10 years old would be referred to the licensing sub-committee for determination. Vehicles over 10 years old should not be granted, however, the Applicant had the right to apply for the application to be considered by a Licensing Sub-Committee if the Applicant considered that their circumstances justified a deviation from the policy.

 

The Applicant was in attendance and spoke in support of the application and responded to questions, from Members, the Legal Advisor, and the Principal Licensing Officer.

 

RESOLVED that the application for the renewal of a Private Hire Vehicle licence be granted until 14 March 2021, subject to evidence of the completed work to the MOT advisories are submitted to the Licensing Authority.

 

 

57.

RENEWAL OF A LICENCE RELATING TO A PRIVATE HIRE VEHICLE OVER 10 YEARS OLD.

To consider the report of the Service Lead - Environmental Health & Community Safety.

 

Minutes:

The Chair introduced the Licensing Sub-Committee and advised that the meeting was quorate to proceed with two Members, and the Applicant, who was in attendance confirmed they were happy to proceed with the hearing. The Legal Advisor set out the procedure for the hearing advising of the requirements under Section 48(1) of the Local Government (Miscellaneous Provisions) Act 1976.

 

The Principal Licensing Officer presented the application to renew a Private Hire Vehicle licence in relation to a vehicle which was over 10 years old at the renewal date licensing. A vehicle MOT certificate and an independent mechanical inspection report had been submitted and the vehicle had been inspected by the Licensing Authority, who had considered the vehicle to be in a good condition. Additional photographs of the vehicle had been submitted and included in the report presented at the meeting.

 

The Principal Licensing Officer explained the Taxi Policy, which stated that vehicles presented for renewal aged between 9 and 10 years old would be referred to the licensing sub-committee for determination. Vehicles over 10 years old should not be granted, however, the Applicant had the right to apply for their application to be considered by a Licensing Sub-Committee if the Applicant considered that their circumstances justified a deviation from the policy.

 

The Applicant was in attendance and spoke in support of the application and responded to questions, from Members, the Legal Advisor, and the Principal Licensing Officer.

 

RESOLVED that the application for the renewal of a Private Hire Vehicle licence be granted until 16 November 2021.