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 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 Boxer, with wheel chair access, which had been first registered on 25 October 2013.
A vehicle MOT certificate had been submitted, dated 18 February 2021, with no recorded mileage available at the time of the MOT due to their being no odometer. The last recorded mileage in October 2019 was 183,042 miles. An independent mechanical inspection report had also been submitted, which was dated 12 January 2021. The vehicle had not been presented to Licensing Officer for inspection due to the current restrictions related to the Covid-19 pandemic. The applicant had provided a series of photos which had been assessed by a Licensing Officer who considered the vehicle to be in a good condition. The Principal Licensing Officer noted from the report, that there were some mechanical issues relating to the front and back brake discs and suspension springs.
The Applicant was in attendance and spoke in support of the application. He explained that he worked for an established company, providing contract work to Devon County Council, with an overall fleet of 3-4,000 cars across the country. Vehicles were purchased new and changed every six months, however the company policy on wheelchair accessible vehicles had been recently changed to allow purchase of new or six month old vehicles to be used, with this particular vehicle being the only exception.
In response to questions from the Members, the Legal Advisor and the Principal Licensing Officer, the Applicant explained:-
· The work highlighted on the invoice had been completed and was submitted to the Licensing Authority;
· The child locks on the vehicles were a requirement for work with Devon County Council and were to the required standard, using the same garage provider as Devon County Council;
· Any work requiring action on the mechanical inspection report would be completed, however advisories wouldn’t of been completed, but would be if required by the Licensing Authority;
· The vehicle mileage was 2480 miles, following a clock reset after its purchase, to allow the recording of miles in which the company does. Overall with the previous mileage it would be around 185, 522 miles;
· The vehicle had previously been used as a private ambulance and had not been licenced as a taxi before, however the company had two other vehicles licenced with the City Council;
· The vehicle could support up to two wheelchair users at any one time;
· The MOT had been recently completed, in which the front brake disc had not been identified as an issue, but it would be resolved as requested; and
· The vehicle would likely be used for up to a year, before a replacement vehicle would be purchased.
In response to questions from the Legal Advisor the Principal Licensing Officer, explained:-
· that there was a demand for additional wheel chair accessible Private Hire vehicles in the fleet and that details of all available wheelchair accessible vehicles was available on the City Council website; and
· the vehicle would be inspected by a Licensing Officer before any licence was granted, to ensure it was roadworthy, and that the Licensing Authority had the power to suspend a vehicle licence until the vehicle was considered safe.
RESOLVED in this instance the Licensing Sub-Committee exercised its discretion to depart from its Taxi Policy and grant the Application for the renewal of Private Hire Vehicle licence up to and including the 4 March 2022, subject to evidence presented to the Licensing Authority to confirm that the work on the front and rear brake discs and suspension springs had been completed and a satisfactory inspection by the Licensing Authority.