PAPER B3
Purpose: For Decision
Committee: LICENSING
PANEL
Date: 1 DECEMBER 2003
Title: APPLICATION
TO EXCHANGE A SWIVEL SEAT ‘D’ PLATE LICENCE FOR A STANDARD HACKNEY CARRIAGE
VEHICLE LICENCE FOR THE FORMER URBAN DISTRICT OF COWES
REPORT OF THE HEAD OF
CONSUMER PROTECTION
PURPOSE/REASON
1. To
consider a request to remove the Council’s licence condition on an existing D
plate licence for a vehicle, which has the benefit of a swivel seat for the
disabled. If granted this would result
in the applicant supplying a vehicle for a Hackney Carriage Vehicle licence,
which would not have any disabled facilities for the former Urban District of
Cowes.
DETAILS OF THE APPLICATION
2. A request has been received from Mr M Hill, 51 The Green,
Crossfield Avenue, Cowes, Isle of Wight to replace his existing ‘D’ Plate
licence, currently issued for a Peugeot 405, with a Hackney Carriage Vehicle
which does not have a swivel seat or any other facility for the disabled.
(Appendix 1) The applicant has been
requested to attend to present his application and answer any questions members
may wish to ask.
LOCATION & SITE CHARACTERISTICS
3. The Hackney Carriage is licensed to ply for hire in the
former Urban District of Cowes and has the ability to assist in the transportation
of persons with certain disabilities by the use of a swivel seat fitted to the
front nearside passenger compartment.
4. Hackney Carriages, which supply this facility, have been
given a Council Identity Plate number beginning with the prefix “D”.
5. The applicant’s vehicle will be available for the Panel
Members to view, if they so wish.
RELEVANT HISTORY
6. The
‘D’ plate Hackney Carriage Vehicle licence was granted originally to another
proprietor, on the 23 August 2001, Mr Hill took over the licence on the 21 July
2003.
7. Members
will be aware that a previous request from another proprietor to remove the
swivel seat condition was granted at the meeting of the Licensing
Panel on 19 September 2003. The
proprietor replaced the 10 year old vehicle that was licensed to a 5 year old
vehicle.
8.
In 2001 the Council were
looking to promote a mixed type of Hackney Carriage fleet with varying
facilities for the disabled, one of which was:-
any
vehicle which has been adapted or modified to provide improved access for
disabled persons together with storage and carry capacity for any equipment
that they may have (eg wheelchair) and which does not preclude the carriage of
normal quantities of luggage and personal belongings.
9. After
discussions with the Isle of Wight Taxi Proprietors Association a decision was
taken by the Portfolio Holder for Transport on 22 February 2002 which stopped
the issue of these ‘D’ plates as new Hackney Carriage Vehicle licences.
10. The
policy was then amended to state that all new Hackney Carriage Vehicle licences
had to be wheelchair accessible.
COUNCIL POLICY
11. Council policy in relation to the 2001
decision to grant new Hackney Carriage Vehicle licences to Proprietors who
produced suitably adapted vehicles is that licences only relate to the vehicle
in question and cannot be transferred to any other vehicle other than a
replacement suitably adapted vehicle.
12. Should the proprietor not wish to
provide this facility the licence should be returned to the Council.
13. The Council’s wheelchair accessible
vehicles policy of the 22 February 2002 is set out below:-
“Any new Hackney Carriages have to
be wheelchair accessible vehicles which have a British National Type-Approval
certificate from the Vehicle Certification Agency demonstrating that the
vehicle is safe and complies with the M1 standards for taxis. Passengers should remain seated in their
wheelchairs and either be pushed or hydraulically lifted, not manually lifted
into the vehicle, and be secured and transported safely within the passenger
compartment of the vehicle. The policy
does not apply to the transfer of existing licences.”
14. There is no policy on exchange of Hackney
Carriage Vehicle licences from a ‘D’ plate to a standard Hackney Carriage
licence as these licences are only issued as long as the proprietor provides
the facility for the disabled.
FORMAL CONSULTATION
15. The police have no comments to make on
the application.
16. The
Principal Road Safety Officer has no comments to make on the application.
17.
The Crime &
Disorder Unit have no comments to make on the application.
THIRD PARTY REPRESENTATIONS
18. The
Isle of Wight Taxi Proprietors Association have been informed of this
application and their comments are attached as Appendix 2, along with Anywhere
Taxis correspondence as Appendix 3.
FINANCIAL IMPLICATIONS
19. Broadly, Council expenditure on Licensing
matters and in particular those, which are administered and enforced through
Consumer Protection, balances income received from licence fees.
LEGAL IMPLICATIONS
20. The legislation governing the licensing
of Hackney Carriages is set out below
·
Town Police Clauses Act 1847 Section 37
(A
district council) may from time to time licence to ply for hire within the
prescribed distance, or if no distance is prescribed, within 5 miles from the
General Post Office of the city, town or place to which the special Act refers,
(which in that case shall be deemed the prescribed distance) hackney carriages
of any kind or description adapted to the carriage of persons.
·
Local Government (Miscellaneous Provisions) Act 1976
Part II
(a)
Section 47 permits the Council to attach conditions to Hackney Carriage Vehicle
licences. The Council’s policies on
provision of Hackney Carriage Vehicles suitable for the disabled are set out
earlier in the report. Such policies
are clearly licence conditions, which the Council are entitled to attach
(Regina v Manchester City Council - QBD 1989).
·
Transport Act 1985 Section 16
The
provisions of the Town Police Clauses Act 1847 with respect to hackney
carriages, as incorporated in any enactment (whenever passed) shall have
effect -
(a) as if
in section 37, the words “such number of” and “as they think fit” were omitted;
and
(b) as if
they provided that the grant of a licence may be refused, for the purpose of
limiting the number of hackney carriages in respect of which licences are
granted, if, but only if, the person authorised to grant licences is satisfied
that there is no significant demand for the services of hackney carriages
(within the area to which the licence would apply) which is unmet.
·
Disability Discrimination Act 1995 Part V Public
Transport
21. Each application should be considered
individually so as to comply with the rules of Natural Justice.
22. In arriving at their decision the Panel
will have taken into account all relevant matters; and not taken into account
any irrelevant matters.
IMPLICATIONS UNDER THE CRIME AND
DISORDER ACT 1998
23.
Without prejudice to any other obligation imposed on it, it
shall be the duty of each authority to which this section applies to exercise
its various functions with due regard to the likely effect of the exercise of
those functions on, and the need to do all that it reasonably can to prevent,
crime and disorder in its area.
24. If the applicant’s request was granted
there would appear to be little or no evidence that it would increase crime
& disorder on the Island.
25. It could, however, mean that disabled
people could be disadvantaged.
IMPLICATIONS UNDER THE HUMAN RIGHTS
ACT
26. Members
are advised that this application must be considered against a background of
the implications of the Human Rights Act 1998.
There
are three convention rights which need to be considered in this context:-
a) Article 6 - Right to a fair trial
In
the determination of his civil rights and obligations or of any criminal charge
against him, everyone is entitled to a fair and public hearing within a
reasonable time by an independent and impartial tribunal established by law.
It
has been held that the fact that there is a right of appeal to the magistrates’
court from any decision of the Panel is sufficient to make the Council’s
licensing system compliant with the convention rights.
b)
Article 8 - Right to respect for private and family life.
Everyone
has the right to respect for his private and family life, his home and his
correspondence. In the case of article
8 there shall be no interference by a public authority with the exercise of
this right except as such in accordance with the law and is necessary on a
democratic society in the interests of national security, public safety or the
economic wellbeing of the country, for the prevention of disorder and crime,
for the protection of health or morals or for the protection of the rights and
freedoms of others.
c)
Article 1 of the first protocol – protection of property.
Every
natural or legal person is entitled to the peaceful enjoyment of his
possessions. In the case of Article 1 of the first protocol it states that “no
one shall be deprived of his possessions except in the public interest and
subject to the conditions provided for by law and the general principles of
international law. The preceding
provisions (of which articles 6 and 8 are but two) shall not however in any way
impair the right of the state to enforce such laws as it deems necessary to
control the use of the property in accordance with general interest or to
secure the payment of taxes or other contributions or penalties”.
Article
1 is particularly relevant to this report as a licence is deemed to be a
possession.
d) The Panel needs to be clear as the rights granted and the
need to ensure that the reasons given for any interference are proportionate
and in accordance with the Council’s legitimate aim.
OPTIONS
27. To
grant the Hackney Carriage Vehicle licence as requested by the applicant.
28. To
refuse to grant the application.
29. To
require the applicant to provide a wheelchair accessible vehicle as a
replacement vehicle for the Hackney Carriage Vehicle licence no. D2 within 6
months.
30. Any
other reasonable condition deemed necessary to provide the existing service for
the disabled.
EVALUATION/RISK MANAGEMENT
31. Officers have considered the implications
under the Human Rights Act, Section 16 of the Transport Act 1985 and the
Disability Discrimination Act 1995 against the applicants application and
supporting documentation.
32. The consequences of granting this
application could result in all ‘D’ plate Hackney Carriage Vehicle licence
proprietors and wheelchair accessible ‘W’ plate proprietors seeking the same
dispensation thus eroding the current facilities for the disabled.
33. Having taken the above into consideration
Officers believe that the proprietor should still provide facilities for the
disabled to comply with the Council’s existing policy.
34. Insofar as any risk to the Council is
concerned, the issue of Crime and Disorder and Human Rights have been
evaluated. Any resolution the Panel
makes is within its delegated powers.
RECOMMENDATIONS
35. To refuse to grant the
application.
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APPENDICES ATTACHED
36.
Appendix 1 - Applicants letters.
Appendix 2 – Isle of Wight Taxi Proprietors’ Association’s
comments.
Appendix 3 – Anywhere Taxis correspondence.
BACKGROUND PAPERS
37. Checklist for this report in relation to
the Human Rights Act 1998, Wednesbury Principles and proportionality.
Contact point : John Murphy, F 823152
ROB
OWEN
Head
of Consumer Protection
APPENDIX 1
APPENDIX 2
APPENDIX 3
