PAPER

The Council can exempt private hire vehicles from displaying the Council identity plate and requiring the smaller executive plate to be displayed in its place.

1. At a meeting of the Public Protection Panel on Hackney Carriages on the 18 June 1997 it was agreed that all applications for exemptions should be considered on their individual merits by the Licensing Panel .

2. Members are aware that the Executive Plate was designed in consultation with the Trade. A Copy of both private hire plates is set out at Appendix 1.

3. A request for an exemption from displaying the Council’s identity plate has been received from Mr S Sharpe for a Nissan Xtrail. A letter stating his reason for

1. The Panels 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 debate on any matters raised by the applicant or objectors.

2. 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.

(a) To grant an exemption under Section 75(3) of the Local Government (Miscellaneous Provisions) Act 1976 Part II at all times whilst the vehicle is licensed as a private hire vehicle.

(b) To grant an exemption but to require the applicant to display the new executive plate issued by the Council.

RECOMMENDATIONS

Members instructions are requested

1. At present there are 4 proprietors with exemptions that display the new executive plates. These are for a Volvo, 3 Mercedes and 3 Lincoln left hand drive stretched Limousines.

3. The applicant has been asked to attend with the vehicle to enable Members to look at the vehicle prior to considering the request.

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.

5. The 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.

6. A request to other Local Authorities for information on grounds for granting exemptions revealed that requests are only considered when written evidence is provided by the Licensee. Usually this is in the form of a letter from the Company or Companies concerned seeking permission to use an unplated car for security or business reasons. If the vehicle is used for any other Private Hire work then the exemption is withdrawn.