Agenda and draft minutes

Licensing Regulatory Panel
Tuesday 24th December, 2019 10.00 am

Venue: Council Chamber, Allerdale House

Contact: Lee Jardine  01900 702502

Items
No. Item

291.

Election of Chair

To elect a Chair for the ensuing meeting.

Minutes:

Councillor Will Wilkinson was elected chair for the ensuing meeting.

 

292.

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:

5.  To consider an application for a Hackney Carriage Vehicle.

  Councillor Peter Gaston; Other Interest; Applicants son has been a customer of his driving school.

 

5.  To consider an application for a Hackney Carriage Vehicle.

  Councillor Peter Kendall; Other Interest; Knows applicants representative (who was in attendance).

 

5.  To consider an application for a Hackney Carriage Vehicle.

  Councillor Will Wilkinson; Other Interest; Has used applicants taxi company.

 

293.

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

294.

To consider an application for a Hackney Carriage 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 Councils Vehicle Age Policy.

 

The Applicant was not in attendance but two representatives from his company were in attendance.

 

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 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 14 December 2019. It had been a licensed vehicle since 2013. The application to renew the vehicle was received on 9 December 2019.

 

The applicant had made an appointment to licence the vehicle on 11

December 2019. The appointment was cancelled on the 11 December 2019 as the vehicle was not roadworthy and could not be presented for test at the

Councils approved testing station.

 

The vehicle was presented for test and a MOT at the Councils approved testing station on 12 December 2019. The vehicle failed to meet the requirements and both tests were marked as a fail. The vehicle did not have a valid MOT certificate as this had expired on the 10 December 2019.

 

The vehicle was presented for test and a MOT at the Councils approved testing station on 16 December 2019. The vehicle passed both tests.

 

The applicant was informed that they could not make a renewal application but had to make a new application to licence the vehicle as the vehicle licence had expired on 14 December. The application was before the panel to consider if the vehicle is exempt from the vehicle age policy.

 

The officer’s recommendation was to refuse the licence.

 

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

 

The applicant advised that delays with the engineer’s report caused this issue to occur and that he had started the renewal process before the vehicle licence had expired.

 

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 Kendall moved the motion to grant the hackney vehicle licence for one year.

 

This was seconded by Councillor Gaston

 

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.

 

Decision/Reasons 

 

Members 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.  ...  view the full minutes text for item 294.