PAPER B3

 

Purpose: For Decision

 

Committee:      LICENSING PANEL

 

Date:                1 NOVEMBER 2002

 

Title:                DISPLAYING OF COUNCIL IDENTITY PLATE

 

REPORT OF THE STRATEGIC DIRECTOR OF FINANCE & INFORMATION & COUNTY TREASURER

 

 

SUMMARY/PURPOSE

 

Under Section 75(3) of the Local Government (Miscellaneous Provisions) Act 1976 Part II, the Council can grant to a private hire vehicle an exemption from displaying the Council identity plate and require the smaller executive-style plate to be displayed in its place.

 

BACKGROUND

 

1.         Members are aware that this item was deferred from the meeting held on 20 September 2002 as the Proprietors had supplied additional information.

 

2.         At a meeting of the Public Protection Panel on Hackney Carriages on the 18 June 1997 it was agreed that all applications for exemptions should be considered on individual merit by the Licensing Panel .

 

3.         Members are aware that the executive style plate was designed in consultation with the Trade.   Examples of both private hire plates will be available at the meeting.

 

4.         Information on how previous members designed the executive plate and granted exemptions are attached at Appendix 1.

 

5.         A request for an exemption from displaying the Council=s identity plate and the identity badge has been received from Amar.  A letter stating the reason for requesting an exemption along with a letter from Portsmouth City Council are set out at Appendix 2.

 

LEGAL IMPLICATIONS

 

1.         The Panel=s attention is drawn to Section 17 of the Crime and Disorder Act 1998 which requires local authorities to consider the crime & disorder implications of ALL their activities. This is a corporate responsibility of the authority as a whole. Advice will be available during the course of the meeting on any matters raised by the applicant or objectors.

 

2.         Members are advised that this application should be considered against a background of the implications of the Human Rights Act 1998. The report does not include a recommendation, however, reasons have to be given for the decision.

 

OPTIONS

(a)        To grant an exemption but to require the applicant to display the new executive plate issued by the Council.

(b)        To grant an exemption under Section 75(3) of the Local Government (Miscellaneous Provisions) Act 1976 Part II at all times whilst the vehicle is licensed as a private hire vehicle.

 

(c)        To refuse the applicant=s request for an exemption.

 

 

 

RECOMMENDATIONS

 

Members instructions are requested

 

 

BACKGROUND PAPERS

 

Committee papers

 

ADDITIONAL INFORMATION

 

1.         The Panel will be aware that the executive private hire plate was designed with a representative of the trade and is displayed on vehicles given an exemption from displaying the large plate.

 

2.         The Act says the plate shall be fixed to or on the vehicle.  Having regard to public safety it could be argued that to put it inside would be dangerous if it became detached and around loose in an accident.  Finally, Tri Star V Crawley Borough Council judgement said it must be affixed to the outside.

 

3.         At present there are 5 proprietors with exemptions that display the new executive plates. These are for a Volvo, 3 Mercedes and 3 Lincoln left hand drive stretched Limousines.

 

4.         For Members information the relevant legislation is set out below:-

 

Local Government (Miscellaneous Provisions) Act 1976 Part II

 

            Section 48 (5) Where a District Council grant under this section a vehicle licence in respect of a private hire vehicle they shall issue a plate or disc identifying that vehicle as a private hire vehicle in respect of which a vehicle licence has been granted.

 

            Section 48 (6) (a) Subject to the provisions of this Part of this Act, no person shall use or permit to be used in a controlled district as private hire vehicle a vehicle in respect of which a licence has been granted under this section unless the plate or disc issued in accordance with subsection (5) of this section is exhibited on the vehicle in such manner as the district council shall prescribe by condition attached to the grant of the licence.

 

Section 75 (3) Where a licence under Section 48 of this Act is in force for a vehicle, the council which issued the licence may, by a notice in writing given to the proprietor of the vehicle, provide that paragraph (a) of subsection (6) of that section shall not apply to the vehicle on any occasion specified in the notice or shall not so apply while the notice is carried in the vehicle; and on any occasion on which by virtue of this subsection that paragraph does not apply to a vehicle.

 

5.         The identity plate is intended as a clear indication to the public that the vehicle meets all the Council=s licensing requirements including those relating to public safety.

 

6.         To grant a total exemption from displaying any identity plate to two proprietors and not to other proprietors who are required to display the executive plate, could result in appeals from other proprietors.

 

7.         The applicant has been asked to attend with the vehicles to enable Members to look at them prior to considering the request.

 

8.         A request to all Local Authorities for information on grounds for granting exemptions revealed that requests are only considered when written evidence is provided by the Licensee.  Usually this is in the form of a letter from the Company or Companies concerned seeking permission to use an unplated car  for security or business reasons.  If the vehicle is used for any other Private Hire work then the exemption is withdrawn.

 

9.         Set out at Appendix 3 is a summary of the replies received.

 

Contact Point: John Murphy, 823152

 

 

J Pulsford

     Strategic Director

of Finance & Information & County Treasurer

.

 

 









APPENDIX 2