PAPER B4

Purpose: For Decision

Committee: LICENSING PANEL

Date: 14 DECEMBER 2004

Title: REQUEST BY AN OPERATOR TO DISPLAY AN EXECUTIVE-STYLE PLATE IN PLACE OF THE COUNCIL’S STANDARD 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 may 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 written request has been received from Mrs J H Rounsevell, of Rounsevell Executive Cars, 10 Mayfield Road, East Cowes, Isle of Wight asking the Panel to consider issuing two Executive style plates instead of the Council’s standard Private Hire plates, for two Mercedes cars, W10 JHR and W11 JHR. The letter is attached at Appendix 1.

LOCATION & SITE CHARACTERISTICS

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

RELEVANT HISTORY

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

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 nine vehicles displaying the Executive style plate. These are a Volvo, 6 Mercedes, a Mercedes Vito and one Lincoln left hand drive stretched Limousine.

7. The Council’s Identity Plate is intended to be 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. Not applicable to this matter.

THIRD PARTY REPRESENTATIONS

10. Not applicable to this matter.

FINANCIAL IMPLICATIONS

11. 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

12. Relevant 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.

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

14. 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

15. 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 1998

16. 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 is 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

17. To refuse the applicant’s request for an exemption from displaying the Council’s standard Identity Plate for her two Mercedes cars.

18. To grant either or both vehicles, W10 JHR and W11 JHR, exemptions from displaying the Council’s standard Identity Plate but to require the applicant to display the Executive plate(s) issued by the Council in the correct manner as required by the Council’s Private Hire licence conditions.

EVALUATION/RISK MANAGEMENT

19. Officers believe exemptions should be the exception rather than the rule, and that applicants should supply written evidence giving sustainable reasons why the vehicle should not have to display the Council’s standard identity plate.

20. The Licensing Panel will be aware of their previous decisions that if vehicles are used for work other than executive private hire that an exemption may be removed.

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

22. 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

23. To refuse the request for two exemptions from displaying the Council’s Identity Plate for the applicant’s two Mercedes cars, W10 JHR and W11 JHR, as exemptions should be the exception rather than the rule, and insufficient evidence has been produced to date to justify the request.

APPENDICES ATTACHED

24. Appendix 1 – Mrs Rounsevell’s letter dated 28 October 2004.

BACKGROUND PAPERS

25. 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