Agenda and draft minutes

Licensing Regulatory Panel
Friday 14th December, 2018 2.30 pm

Venue: Council Chamber, Allerdale House. View directions

Contact: Lee Jardine  01900 702556

Items
No. Item

289.

Election of Chair

To elect a Chair for the ensuing meeting.

Minutes:

Councillor Peter Kendall was elected chair for the ensuing meeting.

290.

Declaration of Interests

Councillors/Staff to give notice of any disclosable pecuniary interest, other registrable interest or any other interest and the nature of that interest relating to any item on the agenda in accordance with the adopted Code of Conduct.

Minutes:

None Declared

291.

Questions

To answer questions from members of the public – submitted in writing or by electronic mail no later than 5.00pm, 2 working days before the meeting.

Minutes:

None Recieved

292.

To consider an application for a Hackney Carriage Vehicle

Minutes:

The Senior Licensing and Compliance Officer submitted a report for the Licencing Regulatory Panel to consider an application for a Hackney Carriage Vehicle as the vehicle for licence did not meet the criteria of Allerdale Borough Councils Vehicle Age Policy.

 

The applicant was in attendance at the meeting.

 

The Senior Licensing and Compliance Officer delivered the report to the panel. The vehicle was previously licensed as a hackney carriage but the licence expired and without a renewal application within the required timescales it must be considered as a new application.

 

The applicant had provided the following as part of the application

 

  • Vehicle Log Book
  • Certificate of Motor Insurance
  • MOT Test Certificate
  • Council Testing Station Certificate
  • Proof of Service History
  • Independent Engineers Report

The applicant was advised that all the documentation listed above had to be received by 1st November 2018.

 

All of the above were received on 1st November 2018, with the exception of the Independent Engineer’s Report which was received on 2nd November 2018.

 

The Senior Licensing and Compliance Officer then advised the panel that the delay in receiving the Independent Engineer’s report was due to the Engineer, not the applicant. The relevant report and repairs to the applicant’s vehicle were completed on 1st November.

 

The applicant then gave his representation and answered questions from members, advising the panel that this issue was not his error and that when he discovered the need for a 4 year vehicle test, he complied on time.

The Senior Licensing and Compliance Officer and the applicant then left the meeting while the panel considered the application.

 

Members considered the application, the officer’s report, and representations from the applicant and advice from officers. The Panel also considered relevant legislation and the Council’s Vehicle Age Policy.

 

Councillor Bill Pegram moved to approve the application for a Hackney Carriage Vehicle Licence.

 

This was seconded by Councillor Mary Bainbridge.

 

A vote was taken on the motion. The vote to approve the application was unanimous.

 

The Senior Licensing and Compliance Officer and the applicant returned to the meeting.

 

The applicant was informed of the decision and its reasons.

 

Decision/Reasons

 

To grant the license for one year, delegating the power thereafter to the Licensing and Compliance Officer for any subsequent renewal.

 

Members noted that prior to the date of the expiry of the licence, the relevant work had been completed by the engineer and the testing had been carried out. The difficulties with the engineer’s report being sent to the Council before the expiry of the licence were outside of the applicant’s control.

 

If the applicant is aggrieved by the decision of the Panel, they can appeal to the Magistrates’ Court within 21 days of the decision.

 

Resolved

 

That the application for a hackney carriage vehicle licence be approved for one year.