Agenda and draft minutes

Councillor Asvachin was appointed as Chair for this meeting.

Councillors are reminded of the need to declare any disclosable pecuniary interests that relate to business on the agenda and which have not already been included in the register of interests, before any discussion takes place on the item. Unless the interest is sensitive, you must also disclose the nature of the interest. In accordance with the Council's Code of Conduct, you must then leave the room and must not participate in any further discussion of the item.  Councillors requiring clarification should seek the advice of the Monitoring Officer prior to the day of the meeting.

No declarations of interest were made by Members.

To pass the following resolution:

RESOLVED that, under Section 100A (4) of the Local Government Act 1972, the press and public be excluded from the meeting for items 4 to 7 and on the grounds that they involve the likely disclosure of exempt information as defined in paragraphs 1 and 2 of Part I of Schedule 12A of the Act.

RESOLVED that, under Section 100A (4) of the Local Government Act 1972, the press and public be excluded from the meeting for the consideration of the following items on the grounds that they involved the likely disclosure of exempt information as defined in Paragraph 1 of Part I, Schedule 12A of the Act.

To consider the report of the Service Lead - Environmental Health & Community Safety.

The Chair introduced the Licensing Sub Committee Members and Officers.

The Apprentice Solicitor set out the law, policy and procedure for the hearing, advising of the requirements under Section 48(1) of the Local Government (Miscellaneous Provisions) Act 1976.  He also explained that the Taxi Policy stated that vehicles presented for renewal aged between 9 and 10 years old would be referred to the Licensing Sub Committee for determination, and vehicles over 10 years old should not be granted. However, the Applicant had 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 Licensing Officer (GP) presented the application for a licenced driver to renew a Private Hire Vehicle licence in relation to a vehicle which was over 9 years old at the renewal date. The date of first registration was 28 November 2013.

The Applicant had submitted a vehicle MOT certificate dated 31 July 2023, with an expiry date of 24 August 2024 and a recorded mileage of 233,263. An independent mechanical inspection report, dated 11 August 2023, had also been submitted which raised an issue relating to the brakes. A copy of the insurance documentation until 15 December 2023 was provided. Additional photographs of the vehicle had also been submitted and the vehicle was confirmed to have been plated by Exeter City Council since 4 September 2018. The vehicle had been inspected by a Licensing Officer, who had considered it to be in a good condition.

The Applicant, who was in attendance, spoke in support of the application, as well as responding to questions from Members and the Apprentice Solicitor, providing further detail of the condition of the vehicle, as well as how the vehicle was used. The Applicant also confirmed that there was a proactive approach to vehicle maintenance with regular servicing to ensure the valued service provided could continue.

RESOLVED that, having regard to the current Taxi Policy, the application for the renewal of a Private Hire Vehicle Licence be granted for two months, which would take the age of the vehicle to ten years old

To consider the report of the Service Lead - Environmental Health & Community Safety.

The Chair introduced the Licensing Sub Committee Members and Officers.

The Apprentice Solicitor set out the law, policy and procedure for the hearing, advising of the requirements under Section 48(1) of the Local Government (Miscellaneous Provisions) Act 1976.  He set out the procedure for the hearing advising of the requirements under Section 48(1) of the Local Government (Miscellaneous Provisions) Act 1976.  He also explained that the Taxi Policy stated that vehicles presented for renewal aged between 9 and 10 years old would be referred to the Licensing Sub Committee for determination, and vehicles over 10 years old should not be granted. However, the Applicant had 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 Licensing Officer (GP) presented the application for a licenced driver to renew a Private Hire Vehicle licence in relation to a vehicle which was over 9 years old at the renewal date. The date of first registration was 9 April 2013 for a wheelchair accessible vehicle for eight passengers.

The Applicant had submitted a vehicle MOT certificate dated 3 July 2023, with an expiry date of 23 July 2024 and a recorded mileage of 227,907. An independent mechanical inspection report dated 11 August 2023 had also been submitted. A copy of the insurance documentation until 15 December 2023 was provided. Additional photographs of the vehicle had also been submitted and the vehicle was confirmed to have been plated by Exeter City Council since 4 September 2018.

The Applicant, who was in attendance, spoke in support of the application, and confirmed that the vehicle was particularly suitable for its current use, and responded to questions from Members and the Apprentice Solicitor. The number of advisories listed on the Vehicle inspection report were noted. The Applicant reiterated the proactive approach to vehicle maintenance resulting in a vehicle that was well used and serviceable for its purpose. The Applicant stated his disappointment in regard to the rigidity of the Council’s 10-year policy. 

RESOLVED that having regard to the current Taxi Policy, the application for the renewal of a Private Hire Vehicle licence be refused as the age of the vehicle was over 10-years and the Licensing Sub Committee did not consider that there was any evidence presented that justified a deviation from the Taxi Policy.

To consider the report of the Service Lead - Environmental Health & Community Safety.

The Chair introduced the Licensing Sub Committee Members and Officers.

The Apprentice Solicitor set out the law, policy and procedure for the hearing, advising of the requirements under Section 48(1) of the Local Government (Miscellaneous Provisions) Act 1976.  He set out the procedure for the hearing advising of the requirements under Section 48(1) of the Local Government (Miscellaneous Provisions) Act 1976.  He also explained that the Taxi Policy stated that vehicles presented for renewal aged between 9 and 10 years old would be referred to the Licensing Sub Committee for determination, and vehicles over 10 years old should not be granted. However, the Applicant had 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 Licensing Officer (GP) presented the application for a licenced driver to renew a Private Hire Vehicle licence in relation to a vehicle for eight passengers which was over 9 years old at the renewal date, being 9 years and 5 months.  The date of the first registration was 30 April 2015. The Applicant had submitted a vehicle MOT certificate dated 1 August 2023, with an expiry date of 25 August 2024 and a recorded mileage of 146,983. An independent mechanical inspection report dated 1 August 2023 had also been submitted. A copy of the insurance documentation which was valid until 23 July 2024 was provided. Additional photographs of the vehicle had also been submitted and the vehicle was confirmed to have been plated by Exeter City Council since 1 September 2017.

The Applicant, who was in attendance, spoke in support of the application, and confirmed that the vehicle was clean and tidy, and responded to questions from Members and the Apprentice Solicitor.

RESOLVED that having regard to the current Taxi Policy, the application for the renewal of a Private Hire Vehicle licence be granted for 7 months, which would take the age of the vehicle to ten- years old.

To consider the report of the Service Lead- Environmental Health & Community Safety.

The Licensing Officer confirmed that the Applicant had been invited to attend the Hearing, but was not in attendance to speak in support of the application. It was noted that the Applicant had also been invited to attend an earlier Hearing on the 23 August and had not attended.

RESOLVED that consideration of the application be deferred until a further meeting, with an invitation for the Applicant to attend.  Should the Applicant not attend, the application for a Street Trading Consent would be deemed to be refused.