To consider the report of the Environmental Health and Licensing Manager.
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 statutory requirements under the Local Government (Miscellaneous Provisions) Act 1976.
The Principal Licensing Officer presented an application which sought to replace their existing Euro 5 side loading wheelchair accessible vehicle with a rear loading wheelchair accessible vehicle. The proposed vehicle was first registered in April 2016, making the vehicle 3 years and 8 months old and the matter could not be dealt with under delegated powers. The Applicant had provided a copy of the MOT certificate and a comprehensive vehicle inspection report to the Licensing Authority.
The Applicant proposed to convert to a rear loading wheelchair accessible Peugeot Partner which could seat four passengers.
The Council’s Policy stated that for all new vehicles plated for the first time by the Council (including existing proprietors on the change of vehicle), proprietors would be required to comply with the following condition(s):-
· No vehicle shall be licensed as a Hackney carriage vehicle unless it is wheelchair accessible and is of a design that will provide wheelchair access to the Hackney carriage via a side door;
· A Road Tax Band A (CO2 emission standard) ultra-low emission vehicle (ULEV) with a manufacturer’s stated emission standard of 75g/km or less, or
· ZEV vehicle (zero emissions i.e. all electric vehicle) will not be required to be wheelchair accessible.
In addition the Council’s current policy was to prioritise applications for side loading wheelchair accessible vehicles with the aim of maintaining the proportion of rear and side loading wheelchair accessible Hackney carriages at 50% each respectively. Applications for rear loading wheelchair accessible vehicles will therefore only be invited when the proportion of side loading vehicles is equal to or exceeds 50% of the wheelchair accessible vehicles on the fleet.
Vehicles currently issued with a licence by the Council would be required to comply with the following conditions:-
· All vehicles currently licensed that do not comply with the new vehicle requirements stated above will be required to change the vehicle to one that does comply by 01 January 2020. Any vehicle licensed at this time that does not meet the specification may be suspended until such time as compliance is achieved;
· The number of persons licensed to be carried shall be exhibited outside the vehicle on the Vehicle Licence Plate issued by the Council; and
· Exemption to point 1 above - Existing rear loading Euro 5 emission standard wheelchair accessible vehicles will be required to be replaced with either a rear OR a side loading Euro 6 emission standard model by 01 January 2020.
The Policy recognised that rear loading wheelchair accessible vehicles would be appropriate for certain circumstances but sought a balance between rear loading and side loading models.
The Applicant was in attendance and spoke in support of the application. He explained that he operated a wheelchair accessible taxi company for over 20 years, which managed a fleet of nine vehicles. The Applicant had a contract with Devon County Council, who had a Licensing policy, which required wheelchair accessible vehicles to be rear loading and forward facing.
The Principal Licensing Officer stated, that he had a verbal confirmation of the Policy requirements from Devon County Council and had a requested a copy of their policy. It was also confirmed that there was preference for using rear loading vehicles due to there being less of an incline on ramps and less obstructions over side loading vehicles. The current rear loading vehicle ratio for Exeter City Council, was around 70%.
In response to questions from the Members, the Solicitor and the Principal Licensing Officer, the Applicant explained:-
· Side loading vehicles typically had more issues with height restrictions, affecting the loading and unloading of wheelchair users;
· A comprehensive inspection had been undertaken on the vehicle which was maintained to an excellent level and had low mileage. The vehicle was serviced every 12,000 miles;
· The company undertook around 100 jobs per week and were the largest company in Devon and Cornwall who undertake Wheelchair taxi services;
· Most customers are regulars and are well known to the company Members were satisfied with the application, which they considered would provide better services to a wider variety of wheelchair based customers.
RESOLVED that the application for the grant of a replacement Hackney Carriage Vehicle licence be approved in principle with powers delegated to the Principal Licensing Officer to effect the replacement, subject to confirmation being received that work to the vehicle highlighted by the mechanical inspection had been completed.