PAPER B2
Purpose: For Decision
Committee: LICENSING PANEL
Date: 16
MARCH 2004
Title: TO CONSIDER AN APPEAL AGAINST
THE COUNCIL’S DECISION TO REFUSE TO INCREASE THE SEATING CAPACITY OF PURPOSE
BUILT TAXIS SO THAT A PASSENGER CAN BE ACCOMMODATED NEXT TO THE DRIVER
REPORT OF THE HEAD OF CONSUMER PROTECTION
PURPOSE/REASON
1. The
Panel is requested to determine an appeal against the Licensing Officers’
refusal to license a purpose built Hackney Carriage vehicle (taxi) for more
than six passengers.
DETAILS OF THE APPLICATION
2. An appeal has been received from Mr John Quilter, Q Cars, 21
John Street, Ryde, Isle of Wight against a decision to not increase the seating
capacity of purpose built taxis so that a passenger can be accommodated next to
the driver.
LOCATION & SITE CHARACTERISTICS
3. Currently
the Council licenses a mixed fleet of Hackney Carriage vehicles (taxis), which
include saloon and estate cars, approved multi-purpose vehicles which carry
six, seven or eight passengers, and certain purpose built eight seater vehicles
such as the Ford Transit. The Council
also license purpose built wheelchair accessible Hackney Carriage vehicles such
as the London type taxis, namely the FX and TX range along with MetroCab and
other conversions which have a LOW VOLUME BUILD CERTIFICATE or full M1 crash
tested by the Vehicle Certification Agency.
RELEVANT HISTORY
4. The FX
and TX type vehicle, along with the MetroCab and other wheelchair accessible
vehicles, meeting the specification as set out in paragraph 3 above are
licensed up to a maximum of six passengers.
5. This
ensures the space next to the driver of these vehicles can also be used for
luggage.
6. This
is the first appeal against the Council’s decision to limit the number to six
passengers.
COUNCIL POLICY
7. Byelaws approved by the Secretary of
State and licence conditions approved by the Council in 1995 control policy.
FORMAL CONSULTATION
8. Not applicable to this matter.
THIRD PARTY REPRESENTATIONS
9. Not applicable to this matter.
FINANCIAL IMPLICATIONS
10. Broadly, Council expenditure on Licensing
matters, in particular those which are administered and enforced through
Consumer Protection, balances income received from licence fees.
LEGAL IMPLICATIONS
11. The Town
Police Clauses Act 1847 Section 68 and Town Police Clauses Act 1889 Section 6
permit the making of Byelaws along with Section 171 of the Public Health Act
1875 with respect to Hackney Carriages.
Copy of the Council’s Byelaws is available in the Members’ room.
12. Byelaw 3 (g):-
Provide means for securing luggage
if the carriage is so constructed as to carry luggage.
13. Road Vehicles (Registration and
Licensing) Regulations 1971. S1 1971 No
450.
Seating capacity of Hackney
Carriage:-
42. - (1) For the purposes of the
last preceding Regulation and of Schedule 2 to the Act (which prescribes the
annual rates of duty on Hackney Carriages) the seating capacity of a vehicle
shall be determined as follows –
(a) where separate seats for each person are
provided one person shall be counted for each separate seat provided; and
(b) where the vehicle is fitted with
continuous seats one person shall be counted for each complete length of 16
inches measured in a straight line lengthwise on the front of each seat, and where
any such continuous seat is fitted with arms for the purpose of separating the
seating spaces and such arms are so constructed that they can be folded back or
otherwise put out of use such seat shall be measured for the purposes of this
Regulation as if it had not been fitted with such arms.
Local Government (Miscellaneous
Provisions) Act 1976 Part II, Licensing of Hackney Carriages.
14. 47. – (1) A district council may attach
to the grant of a licence of a Hackney Carriage under the Act of 1847 such
conditions as the district council may consider reasonably necessary.
15. The Council table of fares permits an
extra charge of 10p for each piece of luggage conveyed outside the passenger
compartment.
16. The above allows the Council to attach
conditions regarding the carrying of luggage
and the seating capacity of Hackney Carriages (Taxis).
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”.
19. 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.
20. Articles
6 and 8 are particularly relevant to this matter because by the grant of a
Hackney Carriage Vehicle Licence with an increased capacity the Panel will have
to balance the requirement of the passengers against the applicant’s right to
run his business.
OPTIONS
21. To
have a policy of considering seating capacity for FX, TX and other wheelchair
accessible Hackney Carriages approved by the Council at the request of the
licence holder.
22. To
have a policy that the maximum seating capacity be set by the Council’s
Licensing Officer having regard to all legislation and where there is a
partition that clearly separates the driver from the passengers, no passenger
seat will be fitted next to the driver.
23. To
licence wheelchair accessible taxis such as the FX, TX, MetroCab and Euro Taxi
type models up to a maximum of seven passengers including the use of the area
next to the driver where legislation permits.
24. To
licence all vehicles of similar design and appearance to the vehicle, commonly
known as the London Cab, up to a maximum of six passengers (where legislation
permits) within the passenger compartment of the vehicle.
EVALUATION/RISK MANAGEMENT
25. Officers
have considered the implications under the Human Rights Act and the Local
Government (Miscellaneous Provisions) Act Part II Section 61(1).
26. 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
27. To licence all vehicles of similar design and appearance to
the vehicle, commonly known as the London Cab, up to a maximum of six
passengers (where legislation permits) within the passenger compartment of
the vehicle.
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APPENDICES ATTACHED
28. None
BACKGROUND PAPERS
29. Council’s Byelaws.
ADDITIONAL INFORMATION
30. The applicant has been requested to
attend the meeting to answer any questions Members may have, and to bring the
vehicle to the meeting should members wish to inspect the vehicle.
Contact point: John Murphy, F 823152
ROB
OWEN
Head
of Consumer Protection