Agenda and minutes

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

None.

To approve as a correct record the Minutes of the meeting of the Licensing Committee held on Tuesday 18 July 2023.

The minutes of the meeting of the Licensing Committee held on Tuesday 18 July 2023 were confirmed as a correct record by those who were in attendance.

In accordance with Paragraph 11 of the Access to Information Rules in Part 4 of the Council’s Constitution, the Chief Executive has determined that the report submitted under item 5 of this agenda is “Not for Publication” because it contains “exempt information”, as defined in Schedule 12A of the Local Government Act 1972.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”.

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Constitution, the Chief Executive had determined that the report submitted under agenda item 5 of the agenda was “Not for Publication” because it contained “exempt information”, as defined in Schedule 12A of the Local Government Act 1972.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 it referred 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 outweighed the public interest in disclosing the information.”

Report of the Corporate Director Environment.

The Chair introduced the committee and the officers attending the meeting.

The applicant introduced himself. The Chair ensured that the applicant had received all necessary information and paperwork for the hearing, and checked that the applicant knew he could have been represented at the hearing.

The Senior Compliance/Licensing Enforcement Officer introduced the report. He explained that the council’s Hackney Carriage and Private Hire Licensing Policy required that all new or replacement diesel fuelled motor cars must be a minimum of Euro 6 emissions rating and as the vehicle had an emissions rating of Euro 5, it therefore fell out of policy and was before committee for that reason.

The Senior Compliance/Licensing Enforcement Officer explained the applicant’s history with the council and the applicant’s experience as a private hire driver. He outlined the council’s policy in terms of the protection of the environment, new or replacement vehicles needing to meet the emissions standards outlined in the policy and providing the travelling public with reasonably up-to-date vehicles. He highlighted the importance of this as it managed the emission of noxious fumes and diesel particulates in the Borough. He highlighted the relevant pieces of legislation and policy that would be useful for the committee to consider when determining their recommendation.

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

The applicant addressed the committee. He informed them that he had been a taxi driver for 36 years. He explained that he had ordered a new Euro 6 hybrid vehicle worth £38,000 (New Vehicle) which had an expected delivery date of February 2024 at the latest and therefore had purchased a second hand vehicle for him and two other drivers to use in the meantime.

Councillors asked the following questions:

·         If the new vehicle had any features that would support disabled people

·         Why the applicant purchased a Euro 5 vehicle

·         Did the applicant think to ask the council about the emissions policy

·         If the applicant had an up to date first aid kit

The applicant clarified that the new vehicle was not disabled friendly. He explained that he purchased the temporary Euro 5 vehicle as he did not know about the emissions policy and therefore did not ask anyone about it. The applicant assured the committee that his first aid kit would be up to date.

The applicant and the Licensing Officers 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, in particular articles 4.3.7 and 4.3.8

2.       The Local Government (Miscellaneous Provisions) Act 1976

The Licensing Committee then reconvened and the Chair announced the decision.

Decision

Grant a vehicle licence in respect of a Ford Mondeo car registration EK13VEM (Temporary Vehicle) contrary to policy on the following terms:

·       The Licence is granted for a temporary period until 29 February 2024.

·       Should there be a delay in the delivery of the New Vehicle and  ...  view the full minutes text for item 19.