Agenda and minutes

Licensing Committee - Tuesday, 17th September, 2024 6.00 pm

Contact: Emma Cross  Assistant Democratic Services Officer

Items
No. Item

21.

Declarations of Interest

Members will disclose any pecuniary and any other significant interests they may have in relation to the matters under consideration.

Minutes:

None.

22.

Confirmation of minutes pdf icon PDF 92 KB

To approve as a correct record the Minutes of the meeting of the Licensing Committee held on Tuesday 20 August 2024.

Minutes:

The minutes of the meeting of the Licensing Committee held on the 20 August 2024 were confirmed as a correct record.

23.

Exclusion of the public and press

In accordance with Paragraph 11 of the Access to Information Rules in Part 4 of the Council’s Constitution, the Chief Executive had determined that the report submitted under agenda item 5 of the agenda was “Not for Publication”, as defined in schedule 12A of the Local Government Act 1972.

 

If the Committee agrees that the public and press should be excluded for this item, it will need to pass the following resolution:

 

“That the public and press be excluded from the meeting whilst agenda item 5 be considered, as it refers to exempt information as defined in category 1 (information relating to any individual) of Part 1 of Schedule 12(a) of the Local Government Act, 1972, as amended by the Local Government (Access to Information) Variation Order 2006 and, that the public interest in maintaining the exemption outweighs the public interest in disclosing the information”.

 

Minutes:

In accordance with paragraph 11 of the Access to Information Rules in Part 4 of the Council’s Constitution, the Chief Executive had determined that the report submitted under agenda item 5 of the agenda were “Not for Publication”, as defined in schedule 12 A of the Local Government Act 1972.

 

The Committee passed the following resolution “That the public and press be excluded from the meeting whilst agenda item 5 was being considered, as they referred to exempt information as defined in category 1 (information relating to any individual) Variation Order 2006 and that the public interest in maintaining the exemption outweighed the public interest in disclosing the information”.

 

24.

Application to licence a Private Hire Vehicle contrary to emissions standard policy

Report of the Director of Environment.

Minutes:

The Chair, Councillor Birch introduced the committee and the officers attending the meeting.

 

The applicant introduced herself and so did her father. The Chair ensured that the applicant had received all necessary information and paperwork for the hearing and checked that the applicant knew she could have been represented at the hearing.

 

The Senior Licensing Officer introduced the report. He outlined the council’s policy in terms of the protection of the environment. That new or replacement vehicles need to meet modern emissions requirements and provide the travelling public with reasonably up-to-date vehicles. He highlighted the relevant pieces of legislation and policy that would be useful for the committee to consider when determining their recommendation. He explained that the vehicle has an emissions rating of Euro 6b, and that Diesel vehicles with this rating are not compliant with the latest version of the emission standard and outside of Wyre’s policy.

 

The Chair invited the applicant and committee to go and inspect the vehicle being reviewed.

 

The applicant addressed the committee. She informed that previously she was licensed with Fylde Council, where the car had been pit tested and accepted under their restrictions. However, she explained that she had now moved into Wyre, which has different requirements for euro compliancy, of which she was unaware of before moving. She explained that the car is newly purchased, in good condition, and only used for long distance driving.

 

The Senior Licensing Officer responded to a question from Councillor Rushforth regarding the necessity of changing licensing authority as a result of relocating.  The applicant confirmed that as she lives in Wyre, she is within Wyre Council’s restriction, and that Fylde had advised her to re-license with Wyre Council.

 

Councillor B Stephenson queried whether jobs could be accepted from outside of the licensing authorities’ boundary. It was expressed by officers that this was not relevant to the decision.

 

Councillor Swift asked the applicant to clarify if the car had been fully registered in Fylde. The applicant responded that the application with Fylde hadn’t progressed past a pit test on her vehicle due to her relocating.

 

The Senior Licensing Officer provided clarification on the Euro Status of the car in response to questions from councillors Leigh and Rushforth.

 

The Chair asked the applicant to clarify if the vehicle had any adaptations that would support disabled passengers. The applicant responded that it did not.

 

The Chair explained that the Emissions Policy is in line with our authorities’ Climate Policy in response to Councillor Minto’s question on differences between emissions on a standard test versus a pit test.

 

The applicant summarised her case, and the applicant’s father mentioned that due to their organisation’s policy, the car may be replaced in 2-3 years.

 

The applicant, her father, and the licensing team left the room to allow the committee to discuss their recommendation in private session.

In reaching its decision, the committee had regard to:

 

1. The Council’s own Hackney Carriage and Private Hire Policy

2. The Local Government (Miscellaneous Provisions)  ...  view the full minutes text for item 24.