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 replace a Hackney Carriage Vehicle, which was in not in accordance with the Council’s Practises and
Procedures for the control of Hackney Carriage and Private Hire Vehicles, Drivers and Operators and the Code of Conduct for Licensed Drivers.
The Applicant proposed to replace his existing Euro 6, Peugeot Horizon wheelchair accessible with a Toyota Prius ultra-low emission vehicle (ULEV). In December 2020, the Applicant had requested and was granted a notice of
exemption from undertaking mobility assistance to passengers in wheelchairs
(Section 166 Equality Act 2010), due to ongoing pain and mobility issues with his wrist. The exemption request was supported by a GP Letter that stated the Applicant should not lift more than 40kg and be exempt from wheelchair work. The proposed replacement vehicle had not yet been purchased and it was confirmed the Applicant would be the only driver although it was noted that Hackney vehicles could be used by other drivers.
The Principal Licensing Officer highlighted that the Licensing Sub-Committee must have regard to the Council’s Practices and Procedures for the control of Hackney Carriage and Private Hire Vehicles, Drivers and Operators and the Code of Conduct for Licensed Drivers, which stated that all new vehicles plated for the first time by the Council would need to comply with conditions outlined in the report. The Taxi policy also stated that the Council would 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 would only be invited when the proportion of side loading vehicles were equal to or exceeding 50% of the wheelchair accessible vehicles on the fleet.
The Applicant was in attendance and spoke in support of the application. He explained that he had previously broken his arm which hadn’t been set correctly leading to further breaks and the wrist bone no longer being straight, leading to severe pain in his wrist, affecting his ability to undertake wheelchair access work. The Applicant further commented on the effects of pollution, causing inflammation in his nose and that he had been advised to change to a lower emission vehicle to decrease his contact with pollution. He confirmed that no other drivers would be using the proposed vehicle.
In response to a question from the Legal Advisor, the Principal Licensing Officer,
Explained that currently there were 85 Hackney Carriage vehicles in the fleet, split between 43 wheelchair accessible vehicles and 42 low emission vehicles. Should the Licensing Sub Committee me minded to approve the application, then this would change to 42 wheelchair accessible vehicles and 43 low emission vehicles.
RESOLVED that the application for the vehicle replacement be approved in principle and delegation be made to the to the Principal Licensing Officer to grant the Vehicle Licence provided all other requirements of the Council’s Practises and Procedures for the Control of Hackney Carriage and Private Hire Vehicles Drivers and Operators are met.