PAPER B2

Purpose: For Decision

Committee: LICENSING PANEL

Date: 11 MAY 2004

Title: DISPLAYING OF COUNCIL IDENTITY PLATE

REPORT OF THE HEAD OF CONSUMER PROTECTION

PURPOSE/REASON

1. 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’s Identity Plate and require a smaller executive style plate to be displayed in its place.

DETAILS

2. A request has been received from Mr Glyn Taylor, 49 Bellevue Road, Cowes, Isle of Wight asking the Panel to consider issuing an executive style plate instead of the existing private hire plate. Set out at Appendix 1.

LOCATION & SITE CHARACTERISTICS

3. The vehicle will be available for Panel members to view.

RELEVANT HISTORY

4. At a meeting of the Public Protection Panel on Hackney Carriages, on the 18 June 1997, it was agreed that the Licensing Panel should consider all applications for exemptions, on individual merit.

5. The Licensing Panel is 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.

6. At present there are six vehicles displaying the executive style plate. These are a Volvo, 4 Mercedes and one Lincoln left hand drive stretch Limousine.

7. The Council’s 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.

COUNCIL POLICY

8. The Panel considers each application under Section 75 of the Local Government (Miscellaneous Provisions) Act 1976 Part II on its individual merits.

FORMAL CONSULTATION

9. Hampshire Constabulary has no comments to make on this application.

10. The Principal Road Safety Officer has no comments to make on this application.

11. The Crime & Disorder Unit has no comments to make on this application.

THIRD PARTY REPRESENTATIONS

12. Not applicable to this matter.

FINANCIAL IMPLICATIONS

13. 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

14. Legislation governing the licensing of private hire vehicles 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.

15. Each application should be considered individually so as to comply with the rules of natural justice.

16. In arriving at the decision the Panel have to take into account all relevant matters; and not take into account any irrelevant matters.

IMPLICATIONS UNDER THE CRIME AND DISORDER ACT 1998

17. 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.

IMPLICATIONS UNDER THE HUMAN RIGHTS ACT

18. 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”.

In this particular case Article 6 would appear to be relevant.

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

19. To refuse the applicant’s request for an exemption to display the Council’s Identity Plate.

20. To grant an exemption from displaying the Council’s Identity Plate but to require the applicant to display the executive plate issued by the Council in the correct manner as required by the Council’s Private Hire licence conditions.

EVALUATION/RISK MANAGEMENT

21. Officers believe exemptions should be the exception rather than the rule. Written evidence giving sustainable reasons why the vehicle should not display the Council’s normal Private Hire plate from Companies that use the vehicle regularly should be supplied.

However, the Panel may wish to give consideration for an exemption from the normal Private Hire plate for Doctors, Auditors etc.

The Licensing Panel will be aware of previous decisions that if vehicles are used for normal work other than executive private hire it has been stated that the exemption may be removed.

22. Officers have considered the implications under the Human Rights Act and the Local Government (Miscellaneous Provisions) Act Part II.

23. 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.

RECOMMENDATION

24. To grant an exemption from displaying the Council’s Identity Plate but to require the applicant to display the new executive plate issued by the Council in the correct manner as required by the Council’s Private Hire licence conditions.

APPENDICES ATTACHED

25. Appendix 1 – Mr Taylor’s request.

BACKGROUND PAPERS

26. Checklist for this report in relation to the Human Rights Act, Wednesbury principles, and proportionality.

Contact point: John Murphy, F 823152

ROB OWEN

Head of Consumer Protection