Agenda and minutes

Licensing Regulatory Panel - Friday 14th February, 2020 2.00 pm

Venue: Council Chamber, Allerdale House. View directions

Contact: Lee Jardine  01900 702502

Items
No. Item

353.

Election of Chair

To elect a Chair for the ensuing meeting.

Minutes:

Councillor Grainger was elected Chair for the ensuing meeting.

354.

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

355.

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 received

The Chair moved:

That under Section 100A (4) of the Local Government Act 1972, the public be excluded from the meeting for the following items on the grounds that they may involve the likely disclosure of exempt information as defined in paragraph 1 of part 1 of Schedule 12A of the Act.

356.

To consider an application for a Private Hire Vehicle

Minutes:

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 Council’s Vehicle Age Policy.

 

The Applicant was not in attendance.

 

The Application was to consider whether the council departs from the conditions of its Vehicle Age Policy and agrees to grant the hackney carriage vehicle licence for any period up to one year.

 

The vehicle was previously licensed as a hackney carriage vehicle, but the licence expired and without a valid renewal application it is considered as a new application.

 

The vehicle held the private hire licence which expired on 19 December 2019. It had been a licensed vehicle since 2012. The application to renew the vehicle was received on 27 November 2020, however the renewal application did not contain the following documents:

 

MOT Test Certificate

Council Testing Station Certificate

Proof of Service History

Independent Engineer’s Report

 

The officer’s recommendation was to refuse the licence.

 

The applicant provided his representations in writing which was read out to the panel.

 

The applicant advised that delays from the testing station had caused his licence to expire, the circumstances of which were out of control.

 

The Licensing and Compliance Officer 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 licensing objectives.

 

Councillor Lynch moved the motion to delegate the powers to grant the private vehicle licence for one year to the Licensing and Compliance Officer on the condition that the vehicle passes all the Authority’s required tests prior to grant.

 

This was seconded by Councillor Smith

 

A vote followed the motion, 5 voted in favour, 0 against and 0 abstentions.

 

The motion was carried.

 

The Licensing and Compliance Officer returned to the meeting.

 

Decision/Reasons

 

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

 

The Panel decided to delegate powers to officers to grant the licence for one year, delegating the power thereafter to the Licensing and Compliance Officer for any subsequent renewal.  This is on the condition that the vehicle passes all the Authority’s required tests prior to grant, i.e. on receipt of the full service history and so long as the Council taxi test, independent engineer’s test and MOT are successfully passed.  Although the vehicle now falls outside the Vehicle Age Policy, it is considered to meet the conditions outlined in section 3 of the Council’s Vehicle Age Policy so long as the tests are passed as outlined. 

 

If the applicant is aggrieved by this decision, they have the right to appeal to the Magistrates Court within 21 days of receiving written notification of the decision.

 

 

 

357.

To consider an application to grant a Hackney Carriage Driver Licence

Minutes:

The Licensing and Compliance Officer submitted a report for the licensing regulatory panel to consider whether a person who has made an application for a hackney carriage driver’s licence is a fit and proper person to hold such licence.

 

The applicant was in attendance at the meeting.

 

The Licensing and Compliance Officer delivered the report to the panel. The applicant has been a licensed hackney carriage driver since 2018 and this licence expired on 18 September 2019.

 

The application to renew the licence was submitted online on 10 January 2020, which was more than 28 days following the expiration of a licence.  Therefore, the existing documents and checks could not be considered and as such the applicant needed to make a new application.

 

The officer’s recommendation was to refuse the licence on the grounds that the applicant is not a fit and proper person to hold a licence.

 

Members then asked questions of the officers.  The Licensing and Compliance Officer explained the renewal process and advised that there were no problems with the applicant’s licence since it was first granted.

 

The applicant then gave their representations and answered questions from members.

 

The applicant explained that they had not got a reminder to renew their licence and that they are also a Licensed driver in Copeland. The applicant went to explain that in Copeland renewal is every 3 years and believed the rules were the same in Allerdale.

 

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, applicant representations The Panel has also considered the relevant legislation and the Council’s policies on hackney carriage licence applications.

 

Councillor Smith moved the motion to grant the hackney carriage driver licence

 

This was seconded by Councillor Gaston

 

A vote was taken on 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.

 

Decision/Reasons

 

The Licensing Panel considered the application, the officer’s report, the representations from the applicant and advice from officers. 

 

The licensing panel decided to agree to grant the licence for a period of 12 months, after which the decision to continue to do so will be delegated to the Licensing Officer should there be no further issues.

 

The panel acknowledged that there had been an oversight in respect of renewing the licence.  However, it considered the fact that there had been no problems with the checks submitted previously by the applicant and on that basis, was satisfied that the licensing objectives were fulfilled. 

 

The panel had considered the information provided in conjunction with the overriding objective of protecting the safety of the public.

 

The applicant was advised that if they are aggrieved by the decision, they have the right to appeal to the Magistrates Court within 21 days of receiving written notification of the decision.