The Licensing and Compliance Officer submitted a report for the Licensing Regulatory Panel to consider a vehicle for licence which does not meet the criteria of Allerdale Borough Councils Vehicle Age Policy.
The Applicant was in attendance at the meeting.
The Application was to consider whether the council departs from the conditions of its Vehicle Age Policy and agree to grant the hackney carriage vehicle licence for any period up to one year.
The vehicle has held a hackney carriage licence; however this was revoked on 10 January 2019.
The officer’s recommendation was to refuse the licence.
The applicant provided his representations and explained he did not renew the licence as he did not receive the letter informing him to do so. Once he realised he started the process to renew the vehicle licence.
Members asked questions in relation to an incident in October 2018 which was noted in the report. The applicant advised that another motorist drove into the back of his car.
The 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, the Vehicle Age Policy and the purposes of the licencing objectives.
Councillor Harrington moved the motion to refuse the application as per officer’s recommendation.
This was seconded by Councillor Munby
A vote followed the motion, 5 voted in favour, 0 against and 0 abstentions.
The motion was carried.
The Licensing and Compliance Officer and the applicant returned to the meeting.
The applicant was informed of the decision and its reasons.
The Panel decided to refuse to grant the licence on the grounds that the vehicle was over four years old at the date of application and on the basis applicant did not comply with the conditions contained in the Vehicle Age Policy. The policy states that no vehicle will be licensed as a hackney carriage or private hire vehicle if it is four years of age or older at date of application.
Once licensed any vehicle aged four or older is required to pass a test again six months after the licence is granted (or as close to six months as is reasonably practicable) at the Council’s appointed testing station. Failure to comply with this requirement leads to the immediate revocation or refusal to renew the vehicle licence. In this case, the applicant was notified that the relevant six month test had not been carried out as required. The Panel notes that the applicant states he did not receive the initial letter advising that the six month test had not been completed. However, the Panel notes that even if this was the case, the applicant was also subsequently notified that the licence was to be revoked and did not appeal that revocation.
Due to the facts outlined, this is a new application and as such, the Panel has refused the licence on the grounds that the vehicle was over four years at the date of application, and on the basis that the applicant did not comply with the conditions contained in the Vehicle Age Policy before the hackney carriage vehicle licence expired.
If the applicant is aggrieved by the decision of the Panel, they can appeal to the Magistrates’ Court within 21 days of the decision.
That the application for a hackney carriage vehicle licence be refused.