PAPER B2

Purpose: For Decision

Committee: LICENSING PANEL

Date: 19 SEPTEMBER 2003

Title: APPEAL AGAINST HACKNEY CARRIAGE VEHICLE LICENSING POLICY FOR SUITABLY ADAPTED VEHICLES AND PRIVATE HIRE LICENSING LEGISLATION WHICH PREVENT THE LICENSING OF A FIAT SCUDO FOR UP TO SIX PASSENGERS

REPORT OF THE HEAD OF CONSUMER PROTECTION

PURPOSE/REASON

1. To consider an appeal against the Licensing Officer’s refusal to grant a Hackney Carriage “W” licence for a Fiat Scudo because the vehicle concerned does not comply with the Council’s definition of a suitably adapted vehicle (Appendix 1).

2. To consider an appeal against the Licensing Officer’s refusal to grant a Private Hire Vehicle licence as it is believed that the vehicle is of such a design and appearance as to lead any person to believe that the vehicle is a Hackney Carriage. The Local Government (Miscellaneous Provisions) Act 1976 Part II, Section 48, (licensing of Private Hire Vehicles) refers.

DETAILS OF THE APPLICATION

3. An application has been received from Mr R P G Coombes, Alpha Group, 34 Mayfield Drive, Newport, Isle of Wight to licence a Fiat Scudo as a suitably adapted vehicle for the disabled to replace a Peugeot Eurotaxi which has ‘W’ no. 16 Hackney Carriage plate. The application has been refused by the Council’s Licensing Officer as the Fiat Scudo does not comply with the Council’s policy on wheelchair accessible vehicles.

4. A telephone request to licence this vehicle as a Private Hire Vehicle was refused because the Licensing Officer believes that as it was previously licensed as a Hackney Carriage Vehicle (with a small roof sign) and is similar to other wheelchair accessible vehicles it is therefore unable to comply with the licensing criteria of Section 48 of the Local Government (Miscellaneous Provisions) Act 1976.

LOCATION & SITE CHARACTERISTICS

5. The existing Hackney Carriage licence no. W16 permits Mr R P G Coombes of the Alpha group to ply for hire in the former Borough of Newport.

6. The vehicle will be available for Panel Members to view, if they so wish.

RELEVANT HISTORY

7. Since 2002 the number of wheelchair accessible vehicles operating on the Island has increased from one to seventeen.

8. The Fiat Scudo in question was previously licensed to ply for hire in the former Borough of South Wight from May 1998 until May 2003. When it was originally licensed, the Council did not have a wheelchair accessible vehicle policy. However, the policy was subsequently brought in and the vehicle continued to be licensed until it was replaced by the previous proprietor on 6 May 2003.

9. The applicant bought the unlicensed vehicle recently without any prior consultation with the Licensing section. The vehicle with plate no. W16 was involved in an accident and is currently off the road.

10. The Licensing section were made aware that Mr Coombes already had this vehicle and that he wished to licence it as a replacement wheelchair accessible vehicle.

COUNCIL POLICY

11. A policy decision taken by the Portfolio Holder for Transport on 22 February 2002 states:-

“Any new Hackney Carriages have to be wheelchair accessible vehicles which have a British National Type-Approval certificate from the Vehicle Certification Agency demonstrating that the vehicle is safe and complies with the M1 standards for taxis. Passengers should remain seated in their wheelchairs and either be pushed or hydraulically lifted, not manually lifted into the vehicle, and be secured and transported safely within the passenger compartment of the vehicle. The policy does not apply to the transfer of existing licences.”

12. The Local Government (Miscellaneous Provisions) Act 1976 Part II Section 48(1) states:-

“Subject to the provisions of the part of this Act, a District Council may on the receipt of an application from the proprietor of any vehicle for the grant in respect of such vehicle of a licence to use the vehicle as a Private Hire Vehicle, grant in respect thereof a vehicle licence:

Provided that a District Council shall not grant such a licence unless they are satisfied:-

(a) that the vehicle is:-

(ii)not of such design and appearance as to lead any person to believe that the vehicle is a Hackney Carriage.”

FORMAL CONSULTATION

13. The Police have no comments to make on the application.

14. The Principal Road Safety Officer has no comments to make on the application.

15. The Crime & Disorder Unit have not commented on the application.

THIRD PARTY REPRESENTATIONS

16. The Isle of Wight Taxi Proprietors Association has been informed of this application. Their comments are set out at Appendix 2.

FINANCIAL IMPLICATIONS

17. 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

18. Legislation governing the licensing of Hackney Carriages & Private Hire Vehicles is set out below:-

Town Police Clauses Act 1847

Local Government (Miscellaneous Provisions) Act 1976 Part II

Transport Act 1985 Section 16

Disability Discrimination Act 1995

19. Each application should be considered individually so as to comply with the rules of Natural Justice.

20. 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

21. Without prejudice to any other obligation imposed on it, it shall be the duty of each authority 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.

22. By complying with the applicant’s request to licence the vehicle as a wheelchair accessible vehicle there would appear to be little or no evidence that it would increase crime & disorder on the Island.

23. To licence the vehicle as a Private Hire Vehicle which is similar to other purpose built wheelchair accessible vehicles may result in an increase in crime & disorder on the Island with people trying to hire this vehicle as a Hackney Carriage.

IMPLICATIONS UNDER THE HUMAN RIGHTS ACT

24. 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 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”.

c) The Panel need to be clear as to 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

25. To transfer the existing Hackney Carriage Vehicle licence no. W16 to a Fiat Scudo as requested by the applicant.

26. To refuse to transfer the existing Hackney Carriage Vehicle licence, as requested by the applicant, as the vehicle does not meet the Council’s licensing policy on wheelchair accessible vehicles.

27. To permit the transfer of the Fiat Scudo to an existing standard Hackney Carriage Vehicle licence with a condition that the vehicle cannot be used for transportation of wheelchair passengers.

28. To refuse to grant a Private Hire Vehicle licence as the vehicle is similar in appearance to that of a purpose built Hackney Carriage Vehicle for transportation of the disabled.

29. To grant a Private Hire Vehicle licence with an additional condition as suggested by the National Private Hire Association.

EVALUATION/RISK MANAGEMENT

30. Officers have considered the implications under the Human Rights Act and Section 16 of the Transport Act 1985, Disability Discrimination 1995 and Section 48 of the Local Government (Miscellaneous Provisions) Act 1976 Part II against the application and supporting documentation from the National Private Hire Association which is set out at Appendix 3.

31. The appearance of Hackney Carriage Vehicles in the area which they ply for hire and the composition of the Hackney Carriage fleet are crucial factors in the decision as to whether the design and appearance could lead anyone to believe a Private Hire Vehicle is a Hackney Carriage. A view that a vehicle, which may be regarded as a Hackney Carriage in London, might not be so regarded in other towns or cities and local factors are significant in determining such an application. The Fiat Scudo is very similar in design and appearance to over 10% of the existing fleet of wheelchair accessible Hackney Carriages but lacks a roof sign. Neither is it produced in such large numbers as the other vehicles.

32. The only certificate that has been received is a Certificate of Conformity for production testing seats of the same specification as the seats that passed the M1 test at Manchester Metropolitan University (Appendix 4).

33. If this vehicle is approved by the Licensing Panel as a suitably adapted vehicle for the needs of the disabled, the Council’s existing policy would have to be reviewed.

34. If the Licensing Panel are minded to grant a Private Hire Vehicle licence for this vehicle they may wish to attach conditions e.g:-

(i) the vehicle can carry up to a maximum of 6 passengers but may not transport wheelchair passengers in their wheelchair

(ii) that a sign reading “Private Hire Vehicle – Advanced Bookings only” should be attached to both rear doors.

35. 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.

36. 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.

RECOMMENDATIONS

37. To refuse to transfer the existing Hackney Carriage Vehicle licence as requested by the applicant, as the vehicle does not meet the Council’s licensing policy on wheelchair accessible vehicles.

38. To refuse to grant a Private Hire Vehicle licence as the vehicle is similar in appearance of a purpose built Hackney Carriage Vehicles for transportation of the disabled.

39. To agree that the vehicle could be licensed as a standard Hackney Carriage with a condition that it does not carry wheelchair passengers in their wheelchair.