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 confirm as a correct record the minutes of the meeting of the Licensing Committee held on 30 November 2022 (to be circulated).

The minutes of the meeting of the Licensing Committee held on the 30 November 2022 were approved as a correct record by those who were in attendance.

In order to inspect the vehicles being reviewed at this hearing, upon advice from officers, the Chair asked the committee to agree to adjourn the meeting for 15 minutes.

The committee agreed and adjourned for 15 minutes to inspect both proposed vehicles in the front car park of the Civic Centre.

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Constitution, the Chief Executive has determined that the report submitted under items 5 and 6 of this agenda is “Not for Publication” because it contains “exempt information”, as defined in Schedule 12A of the Local Government Act 1972.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 these items, it will need to pass the following resolution:

 “That the public and press be excluded from the meeting whilst agenda items 5 and 6 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Constitution, the Chief Executive had determined that the reports submitted under items 5 and 6 of the agenda were “Not for Publication” because they contained “exempt information”, as defined in Schedule 12A of the Local Government Act 1972.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 items 5 and 6 were being considered, as they 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 Licensing Officer (SLO) introduced the report. He explained that the council’s Hackney Carriage and Private Hire Licensing Policy required that all vehicles must be a minimum of euro 6 emissions rating, with this vehicle being a euro 5 thus falling out of policy and was before committee for that reason. He explained the applicant’s history with the council and the applicant’s experience as a private hire driver.

He informed the committee that at para 4.2 of the report which linked the current list of wheelchair accessible vehicles was still out of date, as the update to this list had yet to be actioned.

He explained the details of the vehicle in question to the committee, went through its MOT history with the latest test being the 23 November 2022 with no identified issues. He outlined the council’s policy in terms of the protection of the environment, and new and re-licenced vehicles needing to meet the emissions standards outlined in the policy. He highlighted the relevant pieces of legislation and policy that would be useful for the committee to consider when determining their recommendation.

The Legal Services Manager asked the SLO to clarify whether the previous council policy had included this restriction on emissions standards status. He replied that he did not think it had been included.

The applicant addressed the committee. He explained his reasoning behind the purchase of the vehicle in February 2022, in particular its wheelchair access. He said that he had needed a new vehicle, and struggled during and after Covid to find one that met his requirements and was at a suitable price, in order for him to continue his work with the North West Ambulance Service. He told the committee that he had not been aware of the updates to council policy on emissions standards, only finding out when informed by the officers after he had submitted his application. He was currently not working, and was happy for the committee to consider a granting of the vehicle licence with an 18 month condition for him to be able to purchase a new vehicle that was policy compliant.

The Legal Services Manager asked the SLO to confirm what the length of a vehicle licence was. He said that this was only 12 months, and only applied to new licences. Re-issued licences were not restricted by the policy, as it only covered new and replacement vehicles.

Councillor Baxter asked the SLO if the council had an upper age limit for new licences. The SLO responded that the council did not have an upper age limit for vehicles established in policy. He also asked the SLO to clarify his point on the policy only applying to new and replacement vehicles. He  ...  view the full minutes text for item 8.

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 Licensing Officer (SLO) introduced the report. He reiterated that, as with the last application, the vehicle in question fell outside of the council’s policy due to its euro 5 emissions status. He told the committee that the vehicle had been in the applicant’s ownership since October 2022, and its latest MOT had not identified any issues. He again told the committee that the policy was designed to ensure all new or replacement hackney carriages and private hire vehicles met modern emissions requirements and provided the travelling public with reasonably up to date vehicles.

The applicant addressed the committee. He informed them that he had been aware of the policy when purchasing the vehicle. He had been purchasing a new vehicle for a potential new driver for his firm, who would help to tackle the demand from Lancashire County Council for work with local schools. He told the committee that he had been sure that the vehicle had been a euro 6 status, and had only found out it was a euro 5 when the officer informed him thus after submitting his application.

Councillor Baxter asked the applicant to clarify how he had attempted to check the emissions status of the car. The applicant responded that the car had been advertised as a euro 6 on eBay, and had clarified this with the seller and informed him how to do so online.

The SLO clarified that a car’s registration documents now stated the emissions status of a car, however this had come in late 2018 and any vehicles proceeding this would not have this classification. He said there were a number of services online to check emissions status. He also informed the committee that he had spoken to the car’s manufacturer via their website and confirmed the details of the car.

The Chair asked whether this would be flagged during a pre-pit test. The SLO responded that this was not the case.

Councillor P Ellison asked whether either the applicant or the SLO had a copy of the eBay advertisement. The applicant replied that he had only submitted the pictures from the advertisement, and the SLO confirmed that they had received a screenshot but this hadn’t included any information on the vehicle.

The Legal Services Manager asked about how the applicant checked the car’s emissions status on Parkers Guide, a trusted car reviews website. She asked what exactly the website would show when searching for a car. The applicant replied that he had put in the details of the car, and it had come up with a euro 6 emissions status.

She also asked the applicant about his contract with LCC and local schools; he said that he worked daily, Monday to Friday, picking  ...  view the full minutes text for item 9.