Agenda and minutes

Venue: Council Chamber, Forde House, Brunel Road, Newton Abbot, TQ12 4XX

Contact: Howard Bassett  Email: comsec@teignbridge.gov.uk

Items
No. Item

35.

Minutes pdf icon PDF 94 KB

To approve and sign the minutes of the last meeting.

 

Minutes:

The minutes of the meeting held on 30 May 2019 were confirmed as a correct record and signed by the Chairman.

36.

Declarations of Interest.

Minutes:

There were no declarations of interest.

37.

Application for Specialist Vehicle and Small Plate for 279 WCV pdf icon PDF 90 KB

Additional documents:

Minutes:

Consideration was given to a request for a Vintage Vehicle Private Hire Licence and to display a small plate for a Beauford Tourer, registration 279 WCV, registered July 1980.

 

The Committee adjourned to inspect the vehicle.

 

Section 48(6)(a) of the Local Government (Miscellaneous Provisions) Act 1976 provides that:

 

Subject to the provisions of this Part of the Act, no person shall use or permit to be used in a controlled district as a private hire vehicle in respect of which a licence has been granted under this section unless the plate or disc issued in accordance with subsection (5) of this section is exhibited on the vehicle in such a manner as the district council shall prescribe by condition attached to the grant of licence’.

 

The Council’s requirement for the display of licence plates on the rear of licensed vehicles is set out in the Hackney Carriage and Private Hire Licensing Policy, paragraph 9.4 on page 27, as set out in the report circulated with the agenda.

 

In relation to the request for a Private Hire Vehicle Licence, all vehicle licences are issued annually and Section 43 of the Town Police Clauses Act 1847 provides that a private hire / hackney carriage vehicle licence may only be in force for a maximum period of one year.

 

Paragraph 5.2 of the Council’s Hackney Carriage and Private Hire Vehicle Licensing Policy states that ‘A vehicle being presented for initial licensing is required to be under 5 years old at first registration.

The above Policy and statutory provisions reflect the Council’s responsibility to ensure that all hackney carriage and private hire vehicles are safe and fit for use.

 

The applicant explained the nature of his work, and was able to demonstrate the need to display a small licence plate on the outside of his vehicle, given the specialist service that his business entails.

 

The Vehicle passed an MOT in April 2019 with a few adversaries, all of which have been rectified.

 

It was agreed that the Licensing Officer confirm the small plate’s location on the vehicle with the applicant.

 

Resolved

 

The Beauford Tourer, registration 279 WCV.be granted a Vintage Vehicle

Licence Private Hire Licence, with conditions set out below, with approval to display a small plate.

1.     Whenever passengers are entering or leaving the vehicle, physical assistance is provided to ensure their safety.

 

 

2.     All components/spare used should be bonifide and meet manufacturer’s specification.

3.     Plastic glasses only to be used in the vehicle.

 

Reasons for Decision

With regards to the request for a small plate, having heard the applicant’s description of his business and the work that it entails, and the available options advised by the Licensing Officer, the Committee considered the resolution above would be best suited to the applicant whilst meeting the Council’s licensing responsibilities.

 

In relation to the request for a Private Hire Vehicle Licence, having inspected the vehicle, read all written material, and listened to the representation by the Applicant and the Licensing Officer,  ...  view the full minutes text for item 37.

38.

Application for a Private Hire Vehicle Extension GY05 AWC pdf icon PDF 83 KB

Additional documents:

Minutes:

Consideration was given to an application for a Hackney Carriage Vehicle Licence renewal and extension for a Ford Torneo Vehicle Registration GY05 AWC.The vehicle is over 14 years being registered in March 2005.

 

The Committee adjourned to inspect the vehicle.

 

All vehicle licences are issued annually and Section 48 of the Local Government (Miscellaneous Provisions) Act 1976 provides that a private hire vehicle licence may only be in force for a maximum period of one year.

 

The Hackney Carriage and Private Hire Policy provides that vehicles being presented for subsequent licensing are required to be under ten years old. The Council has the discretion to continue to licence vehicles which are older than ten years provided that the Council is satisfied that such a vehicle is in a good condition and good state of repair, and provided that it passes the appropriate testing standard.

 

The above Policy and statutory provisions reflect the Council’s responsibility to ensure that all hackney carriage and private hire vehicles are safe and fit for use.

 

The Committee noted that the vehicle passed a recent MOT with no advisories, and passed a recent vehicle inspection test with one advisory which have been rectified. All issues raised as a result of the Licensing Officer’s inspection, as set out in the report, has been rectified

 

The Applicant’s representative attended the hearing to support the application.

 

Resolved

 

The Ford Torneo registration GY05 AWC be approved for a 12 month renewable Private Hire Carriage Vehicle Licence, in accordance with legislation subject to sixmonthly taxi tests.

 

Reason for Decision

Having inspected the vehicle, read all written material, and listened to the representation by the Applicant and the Licensing Officer, the Committee was satisfied with the general standard of the vehicle, the state of repair, and the condition of the vehicle. Therefore it was considered the vehicle, is fit for use for the general public and paying customers.

 

39.

Application for a Hackney Carriage Vehicle Extension PY05 KFJ pdf icon PDF 84 KB

Minutes:

The Committee considered an application for a Hackney Carriage Vehicle Licence renewal and extension for a Volkswagen Sharan Vehicle registration PY05 KFJ. The vehicle is 14 years old being registered in July 2005.

 

The Committee adjourned to inspect the vehicle.

 

All vehicle licences are issued annually and Section 43 of the Town Police Clauses Act 1847 provides that a hackney carriage vehicle licence may only be in force for a maximum period of one year.

 

The Hackney Carriage and Private Hire Policy provides that vehicles being presented for subsequent licensing are required to be under ten years old. The Council has the discretion to continue to licence vehicles which are older than ten years provided that the Council is satisfied that such a vehicle is in a good condition and good state of repair, and provided that it passes the appropriate testing standard.

 

The above Policy and statutory provisions reflect the Council’s responsibility to ensure that all hackney carriage and private hire vehicles are safe and fit for use.

 

It was noted that the vehicle passed a recent MOT with no adversaries. It also recently passed the vehicle inspection test with one advisory which has been rectified. In addition, the vehicle was inspected by the Licensing Officer and issues raised have been rectified.

 

The Applicant’s representative attended the hearing to support the application.

 

Resolved

 

The Volkswagen Sharan Vehicle registration PY05 KFJ be approved for a 12 month renewable Hackney Carriage Vehicle Licence, in accordance with legislation subject sixmonthly taxi tests.

 

Reason for Decision

Having inspected the vehicle, read all written material, and listened to the representation by the Applicant and the Licensing Officer, the Committee was satisfied with the general standard of the vehicle, the state of repair, and the condition of the vehicle. Therefore it was considered the vehicle, is fit for use for the general public and paying customers.

 

40.

Application for a Hackney Carriage Vehicle Extension LR09 YTX pdf icon PDF 91 KB

Additional documents:

Minutes:

The Committee considered an application for a Hackney Carriage Vehicle Licence renewal and extension for a Ford Mondeo Vehicle registration LR09 YTX. The vehicle is over 10 years old being registered May 2009.

 

The Committee adjourned to inspect the vehicle.

 

All vehicle licences are issued annually and Section 43 of the Town Police Clauses Act 1847 provides that a hackney carriage vehicle licence may only be in force for a maximum period of one year.

 

The Hackney Carriage and Private Hire Policy provides that vehicles being presented for subsequent licensing are required to be under ten years old. The Council has the discretion to continue to licence vehicles which are older than ten years provided that the Council is satisfied that such a vehicle is in a good condition and good state of repair, and provided that it passes the appropriate testing standard.

 

The above Policy and statutory provisions reflect the Council’s responsibility to ensure that all hackney carriage and private hire vehicles are safe and fit for use.

 

The Committee noted that the vehicle has a valid MOT until March 2020, and the advisories have been rectified.  The vehicle passed a recent taxi inspection, and all issues raised by the Licensing Officer following her inspection have been rectified.

 

The Applicant attended the hearing to support the application.

 

Resolved

 

The Ford Mondeo Vehicle registration LR09 YTX be approved for a 12 month renewable Hackney Carriage Vehicle Licence, in accordance with legislation subject to sixmonthly taxi tests.

 

Reason for Decision

Having inspected the vehicle, read all written material, and listened to the representation by the Applicant and the Licensing Officer, the Committee was satisfied with the general standard of the vehicle, the state of repair, and the condition of the vehicle. Therefore it was considered the vehicle, is fit for use for the general public and paying customers.

 

41.

Application for a Hackney Carriage Vehicle Extension OV58 ORS pdf icon PDF 91 KB

Additional documents:

Minutes:

This application was withdrawn by the applicant.

42.

Application for a Hackney Carriage Vehicle Extension SP58 YVM pdf icon PDF 91 KB

Additional documents:

Minutes:

Consideration was given to an application for a Hackney Carriage Vehicle Licence renewal and extension, for a Skoda Octavia, vehicle registration SP58 YVM. The vehicle is over 10 years old being registered in December 2008.

 

The Committee adjourned to inspect the vehicle.

 

All vehicle licences are issued annually and Section 43 of the Town Police Clauses Act 1847 provides that a hackney carriage vehicle licence may only be in force for a maximum period of one year.

 

The Hackney Carriage and Private Hire Policy provides that vehicles being presented for subsequent licensing are required to be under ten years old. The Council has the discretion to continue to licence vehicles which are older than ten years provided that the Council is satisfied that such a vehicle is in a good condition and good state of repair, and provided that it passes the appropriate testing standard.

 

The above Policy and statutory provisions reflect the Council’s responsibility to ensure that all hackney carriage and private hire vehicles are safe and fit for use.

 

It was noted that the vehicle has a valid MOT until September 2019 and the advisories highlighted at the time were rectified. The vehicle passed a recent taxi inspection, and advisories were rectified.  Most issues raised by the Licensing Officer following her inspection has been rectified.

 

The Applicant attended the hearing to support his application.

 

Resolved

 

The Skoda Octavia vehicle registration SP58 YVM be approved for a 12 month renewable Hackney Carriage Vehicle Licence, in accordance with legislation subject to sixmonthly taxi tests.

 

Reason for Decision

Having inspected the vehicle, read all written material, and listened to the representation by the Applicant and the Licensing Officer, the Committee was satisfied with the general standard of the vehicle, the state of repair, and the condition of the vehicle. Therefore it was considered the vehicle, is fit for use for the general public and paying customers.

 

43.

Exclusion of the Public and Press-Local Government (Access to Information) Act 1985

Minutes:

Resolved

 

That, under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting of the particular item(s) on the grounds that it involve(s) the likely disclosure of exempt information as defined in the relevant paragraphs of Part 1 of Schedule 12A of the Act.

 

44.

Application for a Combined Hackney Carriage/Private Hire Driver Licence

Minutes:

 

The Committee considered an appeal against the refusal of an application for a combined hackney carriage and private hire drivers’ licence.

 

Following consideration of the agenda report and the associated appendices together with the oral evidence provided at the Hearing it was

 

Resolved

 

The appeal be upheld, and the combined Private Hire/Hackney Carriage Licence application be approved.

 

Reason for the Decision

The case was considered on its own merits and whilst the decision means that the Committee is deviating away from Council Policy, the Committee was satisfied that on the evidence provided at the Hearing that the appellant sufficiently demonstrated that he is a fit and proper person. By a unanimous decision, the Committee considered there were no grounds to dismiss the appeal.