To consider the report of the Service Lead - Environmental Health & Community Safety.
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. An application had been received to grant a Private Hire Vehicle licence for a vehicle over 4 years old on the application date and had first been registered on 22 December 2008, making the vehicle 11 years and 2 months old and could not be dealt with under delegated powers.
The vehicle was a Volkswagen Passat, with a current MOT certificate dated 9 January 2020 with a recorded mileage of 120, 752 miles. The Applicant had submitted copies of the MOT certificate and an independent mechanical inspection report dated 6 February 2020 and presented the vehicle for inspection on 13 February 2020, which was considered to be in good condition.
It was explained that that the Licensing Sub Committee must have regards for the Taxi Policy which stated that an application for the grant of a first private hire vehicle licence, where the vehicle in question is more than 4 years old, should not be granted. The applicant had the right to apply for the application to be considered by the Licensing Sub Committee, to consider whether there were exceptional circumstances to deviate from the policy.
The Applicant was in attendance and spoke in support of their application, explaining that after moving back to the UK after the breakup of his marriage, he was not in a good emotional state and had been informed by an undisclosed person, that a vehicles over 8 years old were suitable for use as a taxi. However during the knowledge test, he became aware that the information he had been given was incorrect. The Applicant explained his financial issues prevented him from purchasing a new vehicle, but confirmed that the current vehicle was in good condition, and that all the issues raised in the inspection report had been resolved. The Applicant explained that he enjoyed being a taxi driver and held a good reputation with excellent customer feedback.
In response to questions from Members and the Solicitor the Applicant explained:-
· That updated documentation to show that the required work for the vehicles had been completed would be presented to the Licensing Authority;
· That he was aware that he should have checked the criteria on the Council website rather than take the advice he was given;
· The vehicle had now been purchased in September 2019, and that he would use it for a year before purchasing a new vehicle;
· The expected journeys made would be local pickups and that the vehicle would like be serviced twice a year;
· He was currently operating with a temporary licence until the outcome of the subcommittee meeting; and
· The vehicle had three passenger seats, but work would be undertaken to convert it to seat four passengers.
The Principal Licensing Officer confirmed that the vehicle emissions would conform to the Euro 5 standard. The standard for new vehicle emissions was Euro 6, which had improved features to reduce carbon emissions.
RESOLVED that the Licensing Sub-Committee did not consider that there was any evidence presented that justified a deviation from the Taxi Policy and that the application for the grant of a Private Hire Vehicle licence be refused.
The reason for the decision was outlined in the Refusal Notice.