To consider the report of the Service Lead - Environmental Health & Community Safety.
Minutes:
The Chair introduced the Sub-Committee and the Legal Advisor 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 application to renew a private hire vehicle licence for a vehicle which was over 10 years old at the renewal date and could not be dealt with under delegated powers. The vehicle was a six passenger Vauxhall Zafira, without wheel chair access and had been first registered on 8 September 2010.
A vehicle MOT certificate had been submitted, dated 20 August 2020, with a recorded mileage of 238,670 miles. An independent mechanical inspection report had also been submitted, which was dated 5 January 2020 and the vehicle has been inspected by a Licensing Officer on 13 November 2020, which had been considered 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 would be the right to apply for the application to be considered by a licensing sub-committee if they considered that their circumstances justified a deviation from the policy.
The Applicant was in attendance and spoke in support of the application. He explained that vehicle was in good condition and serviced to the highest standards available and ahead of the suggested timings from the manufacturers guidelines.
The vehicle was used for a dedicated school run, in which the vehicle was suitable for a specific child. The vehicle made low mileage distance trips for the school runs and did its job very well.
In response to questions from the Members, the Legal Advisor and the Principal
Licensing Officer, the Applicant explained:
· that prior to the Coronavirus Pandemic, the vehicle had been rented to another driver, where it had been used for longer journeys, but was now only being used for short distance trips and keeping the mileage down;
· that the photograph of the car floor, shown in the application documents was not a good quality picture. Since the photograph had been taken, new rubber floor mats had been put in, but he would need to confirm with the driver that this had been completed. All drivers have been told to ensure vehicles were kept to a high standard;
· prior to the Covid19 Pandemic, the fleet of vehicles were replaced more regularly. The passenger was likely to continue the school runs for another year, and once finished with school, a new vehicle would be purchased.
In response to questions from Members and the Legal Advisor, the Principal Licensing Officer, explained:
· the Licensing Authority had no issues with the vehicle, which was considered to be in reasonable condition, given its age and use as a fleet vehicle; and
· should the licence be granted, it would expire on 11 August 2021.
RESOLVED in this instance the Licensing Sub-Committee exercised its discretion to depart from its Taxi Policy and grant the Application up to and including 11th August 2021. This was on the basis that there were exceptional circumstances as a result of the Coronavirus Pandemic and the vehicle was mechanically sound as evidenced by the independent mechanical inspection. The Sub-Committee also noted that the vehicle would only be used for limited journeys in particular for a specific user who had specific needs.