PURPOSE/REASON
1. To
consider an application to extend an existing Summer Hackney Carriage Vehicle
licence for the Former Urban District of Cowes to an annual Hackney Carriage
Vehicle licence.
DETAILS OF THE APPLICATION
2. An application has been received from Mr B Martin, 21 Church Road, Gurnard, Cowes, Isle of Wight to extend his existing Summer licence, currently for a Vauxhall Vectra, to an annual Hackney Carriage Vehicle licence. The licence is in the name of Mr B and Mrs R Martin and they have been requested to attend to present their application and answer any questions members may wish to ask.
LOCATION & SITE CHARACTERISTICS
3. The Hackney Carriage is licensed to ply for hire in the former Urban District of Cowes during the peak summer season. If the licence is granted the vehicle is likely to be available throughout the whole year.
4. The vehicle will be available for Panel Members to view, if they so wish.
RELEVANT HISTORY
5. Over
the years the number of licences granted from 1 May to 30 September has
decreased either due to the licensee giving the licence back to the Council or
being extended to an annual licence.
This is the last remaining summer licence on the Island. Members will be
aware that the summer licence for the Ryde zone was extended to an annual
licence at the last Licensing Panel meeting.
6. In
September 2001 Mr & Mrs Martin requested that this licence be made annual
and were refused on the grounds that there was no significant unmet demand for
the services of Hackney Carriages in the Cowes zone during the winter months (1
October to 30 April). The last survey
was undertaken in 1997.
7. The
Transport Act 1985 Section 16 (which is detailed under Legal Implications)
determines when the Council sets its policy on new hackney carriage vehicle
licences.
COUNCIL POLICY
8. There is no policy on Summer Hackney
Carriage vehicle licences being made into annual licences.
FORMAL CONSULTATION
9. The Police have no comments to make on
the application.
10. The Principal Road Safety Officer has no
comments to make on the application.
11. The
Crime & Disorder Unit have not commented on the application.
THIRD PARTY REPRESENTATIONS
12. The
Isle of Wight Taxi Proprietors Association has been informed of this
application and asked for comments and these are attached as an appendix.
FINANCIAL IMPLICATIONS
13. 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
14. Legislation governing the licensing of Hackney Carriages is set out below:-
Town Police Clauses Act 1847
Local Government (Miscellaneous Provisions) Act 1976 Part II
Transport Act 1985 Section 16
Section 16(b) of the 1985 Act provides for the refusal of a licence for the purpose of limiting the number of Hackney Carriages in respect of which licences were granted, if, but only if, the person authorised to grant the licences is satisfied that there is no significant demand for the services of Hackney Carriages (within the area to which the licence would apply) which is unmet.
The Panel should therefore be satisfied that evidence is available to prove that there is no demand if minded to refuse the application.
15. The most common evidence is by way of a survey carried out by suitably qualified person(s). In most cases evidence would seem to show that surveys should not be more than 3 years old and certainly no older than 5 years.
16. Each application should be considered individually so as to comply with the rules of Natural Justice.
17. In arriving at their decision the Panel will have taken into account all relevant matters; and not taken into account any irrelevant matters.
IMPLICATIONS
UNDER THE CRIME AND DISORDER ACT 1998
18. 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.
19. Extending
the existing licence to an annual licence could help people get home,
marginally reducing the likelihood of people congregating at or near to the
taxi rank in Cowes. This could have an
effect on reducing crime as on occasions people will not remain in the town
centre.
20. Employment
could be generated by providing someone with the opportunity of gaining a
hackney carriage/private hire drivers licence.
21. It
could, however, put another driver at risk from assault.
IMPLICATIONS UNDER THE HUMAN RIGHTS
ACT
22. 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) 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.
b)
Article 1 of the first protocol states “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 2) 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”.
c) The Panel need 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
23. To
grant the Hackney Carriage Vehicle licence as requested by the applicant.
24. To
refuse to grant the application as requested by the applicant.
EVALUATION/RISK MANAGEMENT
25. Officers
have considered the implications under the Human Rights Act and Section 16 of
the Transport Act 1985. As the last
survey on unmet demand was carried out in 1997, six years ago, the Licensing
Panel does not have sustainable evidence that there is no unmet demand. The law does not allow refusal on any other
ground.
26. This matter has been discussed with the Compliance & Risk Management Section and it is believed it is the applicant’s responsibility to carry out their own risk assessment in relation to their own or their employees’ safety.
27. 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 28. To approve the application to grant an annual Hackney
Carriage vehicle licence as there is no sustainable evidence of unmet demand. |
APPENDICES ATTACHED
29. Application form and letter from the Isle of Wight Taxi Proprietors Association.
BACKGROUND PAPERS
30. Mr & Mrs Martin’s Hackney Carriage Vehicle licence no. 16 file.
Checklist for this report in relation to the Human Rights Act, Wednesbury principles, and proportionality.
Contact point: John Murphy, tel:
823152
ROB
OWEN
Head
of Consumer Protection
