PAPER B1
Purpose: For Decision
Committee: LICENSING
PANEL
Date: 16
NOVEMBER 2004
Title: APPEAL
AGAINST PRIVATE HIRE VEHICLE LICENCE CONDITIONS WHICH PREVENT THE LICENSING OF
AN EX FIRE APPLIANCE
REPORT OF THE HEAD OF
CONSUMER PROTECTION
PURPOSE/REASON
1. To consider an application to grant a Private Hire Vehicle
licence for an ex fire appliance.
DETAILS OF THE APPLICATION
2. A request has been received from Mr S Sharpe, 2-3 Spring Cottages,
Marks Corner, Newport, Isle of Wight to licence a decommissioned Fire &
Rescue appliance as a Private Hire Vehicle.
The Council’s Licensing Officer has refused to grant the application
using his delegated authority, on the grounds that it is not in the interest of
public safety to licence such a vehicle with rear facing seats consistent with
Section 48(1)(a)(iv).
LOCATION & SITE CHARACTERISTICS
3. The vehicle will be available for the Panel to view.
RELEVANT HISTORY
4. Members will be aware that a previous application for an
appliance with all forward facing seats was approved by the Licensing Panel
with conditions attached as set out at Appendix 1 on the 25 April 2003. However, this has never been utilised by the
applicant. This vehicle is different to
the vehicle previously licensed in that it has been fitted with rear facing
seats. Regard must always be given to
the safety of the public, including the fare-paying passenger.
5. The Council’s Licensing Officer is not satisfied that the
delegated authority given to him by the Licensing Panel to waive the private
hire vehicle licence condition no. 14 with regard to the licensing of 6, 7 and
8 seater vehicles is relevant in this case.
At the time of granting delegation it is believed that the Licensing
Panel were considering normal private light goods vehicles and not vehicles
built as HGVs.
This vehicle has been modified beyond that, which the
Licensing Officer believes the Panel previously approved, by having two rear
facing seats fitted.
Once licensed as a ‘Private Hire’, the vehicle would
be available for all types of private hire work including airport work.
6. All other licensed
Private Hire vehicles’ tyres can be changed, by the driver, at the
roadside. A driver may have difficulty
in changing a flat tyre by himself on a vehicle of this size.
7. Less mobile customers may
have difficulty with access and egress to the vehicle.
8. A
letter was sent to Mr Sharpe requesting information and is attached as Appendix
2.
COUNCIL POLICY
9. The
policy is by way of licence conditions attached to the licence and the relevant
condition is set out below:
“14. 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.”
FORMAL CONSULTATION
10. The
Isle of Wight Fire & Rescue Service have indicated that a L.G.V driver’s
licence would be required, as has the Traffic Education Officer.
11. The Police have not commented on the
application.
12. Recent
consultation with other Local Authorities regarding the licensing of Fire
Appliances as Private Hire Vehicles resulted in two Authorities confirming that
they have licensed such vehicles.
13.
Members may be aware
that previous consultation that took place for the Licensing Panel meeting, on
the 23 April 2003, resulted in twelve replies being received. Of these, one had licensed one as a Private
Vehicle Hire and two other areas have them licensed as P.S.V. (over 8 seats). Five said they could not see any reason not
to licence one, and four said they would not consider it for various reasons.
THIRD PARTY REPRESENTATIONS
14.
The Isle of Wight Taxi Proprietors Association have been advised of the
application, however, no comments have been received.
FINANCIAL IMPLICATIONS
15. 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
16. Each
application should be considered individually so as to comply with the rules of
Natural Justice.
IMPLICATIONS UNDER THE CRIME AND
DISORDER ACT 1998
17. 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 1998
18. 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.
LOCAL
GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 PART II.
19. The
Council has a duty not to
grant a Private Hire Vehicle unless it is satisfied that the vehicle is suitable
in type, size and design for use as a Private Hire Vehicle, and is in a
suitable mechanical condition, safe and comfortable.
20. Attaching a licence
condition stating that only specific hirings can be undertaken could be ultra
vires.
OPTIONS
21. To
refuse to grant a Private Hire Vehicle licence as the vehicle fails to comply
with the Council’s standard Private Hire Vehicle conditions as stated.
22. To
grant a Private Hire 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
23. 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.
24. Information as to the testing of the seat
belts and the fitting of the seats would assist Officers in this
assessment. A written risk assessment
by the Proprietor and an undertaking that only personnel who have passed the
Fire Service emergency (blue light) driving exam and licensed Private Hire
drivers will drive this vehicle whilst on Private Hire work.
RECOMMENDATIONS
25. Members are requested to determine the
application.
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26.
Appendix 1 - Conditions imposed on vehicle approved by
Licensing Panel on the 25 April 2003.
Appendix 2 - Letter to Mr Sharpe requesting information
BACKGROUND PAPERS
27. As attached.
Contact point : John Murphy, F 823152
ROB OWEN
HEAD
OF CONSUMER PROTECTION