PAPER B2

Purpose: For Decision

Committee: LICENSING PANEL

Date: 13 JUNE 2003

Title: APPEAL AGAINST HACKNEY CARRIAGE VEHICLE LICENCE CONDITIONS WHICH PREVENT THE LICENSING OF A CITROEN SYNERGIE FOR UP TO A MAXIMUM OF 8 PASSENGERS

REPORT OF THE HEAD OF CONSUMER PROTECTION

PURPOSE/REASON

1. To consider an appeal against the Licensing Officer’s refusal to grant a Hackney Carriage Vehicle licence as the vehicle does not comply with the Council’s licence conditions. (Appendix 1)

DETAILS OF THE APPLICATION

2. A request from Mr J Groundsell, Balboa, Norton Green, Freshwater Isle of Wight, to licence a Citroen Synergie for up to a maximum of 8 passengers was refused by the Council’s Licensing Officer as the vehicle does not comply with the Council’s Hackney Carriage Vehicle licence conditions.

LOCATION & SITE CHARACTERISTICS

3. The applicant’s vehicle will be available for the Panel to view.

RELEVANT HISTORY

4. The Licensing Panel have waived the licence conditions previously with regard to condition no. 15, paragraphs (a) (b) (c) and (e). Side facing seats have been licensed previously in the American Limousines. In London-type taxis, tip up seats face to the rear of the vehicle. A Peugeot 806 MPV which shares the same chassis (floor pan) as this vehicle was refused by the Licensing Panel on 7 September 2001. Set out below are details of the decision:

The Committee having viewed the vehicle, and although this type of vehicle would be licensed by Southampton and Winchester Council’s, this Committee was concerned on the safe ingress and egress of passengers in an emergency. It was therefore resolved:-

THAT the grant of a Hackney Carriage Vehicle licence to…….. be refused as the vehicle failed to comply with the Council’s standard Hackney Carriage Vehicle conditions.

COUNCIL POLICY

5. The policy is by way of licence conditions attached to the licence and the relevant condition is set out below:

15. With regard to the licensing of 6,7 and 8 seater vehicles the following applies:-

(a) Passenger entry and exit doors should be on the nearside of the vehicle only.

(b) No passenger entry or exit doors will be permitted at the rear or on the offside of the vehicle except emergency exits and wheelchair access.

(c) There must be easy access from the entry and exit doors to all seats.

(d) Tip-up seats are not to be permitted in any vehicle except purpose built limousines.

(e) All passenger seating shall face the front of the vehicle.

(f) Emergency exits must be clearly marked as such.

6. Mr Groundsell has been asked to attend to answer any questions Members may wish to ask.

FORMAL CONSULTATION

7. Police have not commented on the application.

8. The Traffic Education Officer has no adverse comments to make.

THIRD PARTY REPRESENTATIONS

9. Not applicable to this matter.

FINANCIAL IMPLICATIONS

10. 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

11. Each application should be considered individually so as to comply with the rules of Natural Justice.

IMPLICATIONS UNDER THE CRIME AND DISORDER ACT 1998

12. 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.

IMPLICATIONS UNDER THE HUMAN RIGHTS ACT

13. 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

14. To refuse to grant a Hackney Carriage Vehicle licence as the vehicle fails to comply with the Council’s standard Hackney Carriage Vehicle conditions as stated.

15. To grant a Hackney Carriage Vehicle licence by varying the licence conditions for this vehicle only, subject to the vehicle passing the Council’s Certificate of Compliance Test and carrying not more than the number of passengers to be determined by the Licensing Panel.

EVALUATION/RISK MANAGEMENT

16. This matter has been discussed with the Compliance & Risk Management Section and it is believed it is the applicant’s responsibility to carry out his own risk assessment.

RECOMMENDATIONS

17. Members are requested to determine the application.

APPENDICES ATTACHED

18. Appendix 1 - Application form.

BACKGROUND PAPERS

19. Mr Groundsell’s application file.

Contact point : John Murphy, F 823152

ROB OWEN

Head of Consumer Protection

APPENDIX 1