Report of the Corporate Director Environment.
Minutes:
The Chair invited the applicant and committee to go and inspect the vehicle being reviewed.
The Chair introduced the committee and the officers attending the meeting.
The applicant and his partner introduced themselves. The Chair ensured that they had received all necessary information and paperwork for 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 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 SLO 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.
Gary Scott, Transport and Maintenance Team Manager, and Darren Morris, Fitter/Mechanic, entered the room and introduced themselves.
The applicant read out an email that Gary Scott had sent to the SLO which explained that his vehicle was a clean running engine but the main failure being the nitrogen oxide levels.
Councillor Rushforth highlighted concerns over climate change.
Councillor Baxter asked for clarification around the applicant’s Wyre Dual Driver’s Licence.
The applicant addressed the committee. He apologised for his failure and explained that he was unaware of the emissions policy. He said that due to the various work needed on his old vehicle, the best thing to do financially was look for another vehicle. He highlighted that it was a last minute decision which gave him limited time to do any research and look into the council’s policy. He explained that the distance he covered as a taxi driver in comparison with many other plated drivers was low.
Councillors raised the following questions/concerns over:
· using the vehicle for weddings;
· stickers, and;
· air quality strategy framework
The applicant confirmed that he had paid for the stickers and that weddings were going to be a very small part of his business. He highlighted that the animosity towards out of town drivers was increasing exponentially. He explained that the area he worked in was reasonably close to where he lived and if he wasn’t granted a vehicle licence, the impact on the environment would be greater as taxi drivers from other areas would travel further to cover his jobs.
Councillor Leigh asked the SLO for clarification around carbon monoxide and hydrocarbon.
The applicant reiterated that in relation to meeting the standards for a Euro 6 vehicle, the vehicle only failed on nitrogen oxides, Gary Scott confirmed.
The Monitoring Officer (MO) asked the applicant for clarification around the removal of stickers. The applicant explained that he had never had permanent stickers stuck to either of his two previous vehicles and had always used magnetic stickers. The SLO highlighted that taking things on and off vehicles could create an issue under public safety.
Councillor Baxter asked for clarification around AdBlue.
The applicant, his partner, officers and Licensing Officer 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
The Committee resolved not to grant a Wyre private hire vehicle licence for the following reasons:
Reasons for the decision
· The Committee heard from the SLO that Articles 4.3.7, 4.3.8 of the Policy requires new or replacement vehicles to meet minimum emissions standards of Euro 6 for diesel engines. The reason for this requirement was to ensure that all new or replacement vehicles meet modern emissions requirements and provide the travelling public with reasonably up to date vehicles and as far as practicable manage the emission of noxious fumes and diesel particulates in the Borough of Wyre.
· The Committee heard that the applicant had been a taxi driver since 2014 and had also held a private hire operator licence since February 2016. The Committee heard that due to the age and condition of the applicant’s previously licenced vehicle had decided to upgrade and purchase the vehicle, which as a diesel vehicle had a Euro 5 status and therefore fell outside of the Policy.
· The Committee heard that the applicant was unaware of the change to the Policy which the applicant accepted was a failure and apologised. The Committee found the applicant’s lack of awareness, as an experienced driver and proprietor, hard to accept, especially as the Committee had been informed that all operators, proprietors and taxi drivers had been notified on more than one occasion.
· As a proprietor and driver, the Committee considered it was the applicant’s responsibility to ensure that the applicant had read all correspondence from the Licensing Authority regarding the licence and to ensure that the applicant kept up to date with all of the relevant rules, conditions and policies that applied.
· The Committee heard from the applicant, that it was a clean running vehicle compared to the one that been licensed previously and was in good condition and far better than many of the vehicles that were currently licensed. The Committee inspected the vehicle and agreed that it was in very good condition.
· The Committee considered all the information before it and in particular the requirements of the Policy and its aim to manage the emission of noxious fumes and diesel particulates in the Borough. In particular, it was noted the nitrogen oxide emissions for the vehicle were 50% more than the limit required by Euro 6 and taking everything into consideration decided on this occasion that there were no valid reasons to depart from the Policy.
· In reaching their decision, the Committee also had regard to the fact that officers had found the applicant’s behaviour towards them during this application process to be challenging, difficult and rude, which they noted was in contrast to the applicant’s behaviour before the Committee where they found the applicant to be polite, respectful and honest in accepting that it was the applicant’s failure in not knowing about the Policy that had led to this position.
· The Committee noted that two officers from the MOT depot had complained about the applicant’s behaviour towards them which was highly unusual and which the Chair in her many years of experience on the licensing committee had not previously encountered. The licensing officer had also described the applicant’s behaviour as volatile and very rude. It was also noted that the same two MOT officers had attended the licensing committee hearing. The Committee also noted that the applicant had been using magnetic door stickers on the previously licensed vehicle and by removing them on occasions, had acted contrary to the standard conditions attached to a private hire licence, namely that all door stickers must be displayed at all times that a private hire vehicle licence is in force.
· It was acknowledged that the fitness and propriety test is a relevant consideration in deciding whether to grant a proprietor’s licence and in reaching its decision the Committee decided to give limited weight to the complaints about the applicant’s behaviour.