To consider the report of the Service Lead - Environmental Health & Community Safety.
Minutes:
The Chair introduced the Licensing Sub-Committee and 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 an application to grant a Private Hire Vehicle licence in relation to a vehicle which was over 4 years old. The vehicle was a four passenger Peugeot Expert, with wheel chair access, which had been first registered on 1 October 2015.
A vehicle MOT certificate had been submitted, dated 3 February 2021, with a recorded mileage of 56,608 miles. An independent mechanical inspection report had been submitted dated 8 February 2021 and the vehicle was inspected by a Licensing Officer on 11 February 2021 who considered it to be in a good condition. The Principal Licensing Officer referred to the report, which highlighted that there was corrosion on the exhaust pipe and 2mm wear on the tyres.
The vehicle had previously been licensed by Exeter City Council, however the licence had expired on 29 September 2020. An application to renew the vehicle had been submitted in February 2021 however under the Practices and Procedures for the control of Hackney Carriage and Private Hire Vehicles, Drivers and Operators and the Code of Conduct for Licensed Driver, the vehicle licence could not be renewed and the application was to be treated as new application.
The Principal Licensing Officer explained the Taxi Policy, which stated that vehicles presented for a grant for a first private hire vehicle licence, which were more than four year’s old, should not be granted. The Applicant would be given 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 the vehicle was used as part of the WAVE (Wheelchair Access Vehicles Exeter) fleet and it was administration error, in which the previous vehicle licenced had lapsed. The staff at WAVE had been working throughout the COVID 19 Pandemic, in which customers had come to rely on their service and should the vehicle not be plated, it would affect their customers and the driver who would likely no longer be employed.
The Applicant commented on the vehicle, stating that the tyres had been replaced and all vehicles had spare tyres and held comprehensive AA breakdown cover. All vehicles were fully serviced and any work required was done immediately.
In response to questions from the Members, the Legal Advisor and the Principal Licensing Officer, the Applicant explained:
· The tyres had been replaced and tyre repair gel was kept in the vehicle. The corrosion on the exhaust pipe could be picked up at the next MOT, but the vehicle had been fully serviced;
· Should the corrosion become serious it would be resolved immediately, however any work that was requested to be actioned would be done;
· The next MOT was expected in February 2022, but should the exhaust pipe show signs of failure it would be changed;
· The vehicle was serviced every 20,000 miles, and wouldn’t be serviced again before February 2022;
· The tyres had been replaced and should they fail, the breakdown cover would transport the vehicle to the approved garage to replace them;
· The types of journey were dependant on the customer and varied in distances made;
· He had full confidence in the vehicle to undertake its work, which was an ex mobility vehicle maintained to a high standard;
· The vehicle had been purchased through a trader using the mobility scheme;
· The wheelchair access ramp was not electronically controlled and had been adapted during the conversion. Padding had been installed to prevent the ramp from rattling while the vehicle was in in motion;
· The business had a large customer base both locally and nationally, and the loss of the vehicle would have a detrimental impact; and
· That he acknowledged missing the renewal date but there had been no reminder from the Licensing Authority.
In response to questions from the Legal Advisor and Members, the Principal Licensing Officer, explained:
· A Licensing Officer would be delegated to inspect and ensure the vehicle was safe and roadworthy and evidence of any work completed to the vehicle would be requested;
· Fold down wheelchair access ramps were demonstrated and checked during inspection by a Licencing Officer. Electronic hoists would be covered under Health and Safety regulations; and
· There had been correspondence issued to the Applicant, but this was a complimentary service undertaken by the Licensing Authority and the responsibility was on vehicle owners to ensure they renew the taxi plates when required.
RESOLVED that the application for the grant of the Private Hire Vehicle licence be approved for 12 months, subject to evidence presented to the Licensing Authority to confirm that the work on the tyres and service has been completed.