PAPER B3

Purpose: For Decision

Committee: LICENSING PANEL

Date: 19 SEPTEMBER 2003

Title: APPLICATION TO EXCHANGE A SWIVEL SEAT ‘D’ PLATE LICENCE FOR A STANDARD HACKNEY CARRIAGE VEHICLE LICENCE FOR THE FORMER BOROUGH OF NEWPORT

REPORT OF THE HEAD OF CONSUMER PROTECTION

PURPOSE/REASON

1. To consider a request to remove the Council’s licence condition on an existing D plate licence for a vehicle which has the benefit of a swivel seat for the disabled. This would result in the applicant supplying a vehicle for a Hackney Carriage Vehicle licence which would not have any disabled facilities for the former Borough of Newport.

DETAILS OF THE APPLICATION

2. An application has been received from Mr D Sussex, 15 Hogan Road, Newport, Isle of Wight to replace his existing ‘D’ Plate licence, currently issued for a Ford Sierra, with a Hackney Carriage Vehicle which does not have a swivel seat or any other facility for the disabled. The applicant has been requested to attend to present his 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 Borough of Newport and has the ability to assist in the transportation of persons with certain disabilities.

4. The applicant’s vehicle will be available for the Panel Members to view, if they so wish.

RELEVANT HISTORY

5. The ‘D’ plate Hackney Carriage Vehicle licence was granted to Mr D Sussex on 7 September 2001. The Council’s policy in relation to this is set out later in the report.

6. In 2001 the Council were looking to promote a mixed type of Hackney Carriage fleet with varying facilities for the disabled, one of which was:-

any vehicle which has been adapted or modified to provide improved access for disabled persons together with storage and carry capacity for any equipment that they may have (eg wheelchair) and which does not preclude the carriage of normal quantities of luggage and personal belongings.

7. After discussions with the Isle of Wight Taxi Proprietors Association a decision was taken by the Portfolio Holder for Transport on 22 February 2002 which stopped the issue of these ‘D’ plates as new Hackney Carriage Vehicle licences.

8. The policy was then amended to state that all new Hackney Carriage Vehicle licences had to be wheelchair accessible.

COUNCIL POLICY

9. Council policy in relation to the 2001 decision to grant new Hackney Carriage Vehicle licences to Proprietors who produced suitably adapted vehicles is that licences only relate to the vehicle in question and cannot be transferred to any other vehicle other than a replacement suitably adapted vehicle.

10. Should the proprietor not wish to provide this facility the licence should be returned to the Council.

11. The Council’s wheelchair accessible vehicles policy of the 22 February 2002 is set out below:-

“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. There is no policy on exchange of Hackney Carriage Vehicle licences from a ‘D’ plate to a standard Hackney Carriage licence as these licences are only issued as long as the proprietor provides the facility for the disabled.

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 no comments to make on the application.

THIRD PARTY REPRESENTATIONS

16. The Isle of Wight Taxi Proprietors Association have been informed of this application and asked for comments in writing no later than 9 September 2003. A copy of their response is attached as an appendix.

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. The legislation governing the licensing of Hackney Carriages is set out below

· Town Police Clauses Act 1847

· Local Government (Miscellaneous Provisions) Act 1976 Part II

(a) Section 47 permits the Council to attach conditions to Hackney Carriage Vehicle licences. The Council’s policies on provision of Hackney Carriage Vehicles suitable for the disabled is set out earlier in the report. Such policies are clearly licence conditions which the Council are entitled to attach (Regina v Manchester City Council - QBD 1989).

· Transport Act 1985

· Disability Discrimination Act 1995 Part V Public Transport

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 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.

22. If the applicant’s request was granted there would appear to be little or no evidence that it would increase crime & disorder on the Island.

23. It could, however, mean that disabled people could be disadvantaged.

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 such as in accordance with the law and is necessary in 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 grant the Hackney Carriage Vehicle licence as requested by the applicant.

26. To refuse to grant the application.

27. To require the applicant to provide a wheelchair accessible vehicle as a replacement vehicle for the Hackney Carriage Vehicle licence no. D8 within 6 months.

28. Any other reasonable condition deemed necessary to provide the existing service for the disabled.

EVALUATION/RISK MANAGEMENT

29. Officers have considered the implications under the Human Rights Act, Section 16 of the Transport Act 1985 and the Disability Discrimination Act 1995 against the applicants application and supporting documentation.

30. The consequences of granting this application could result in all ‘D’ plate Hackney Carriage Vehicle licence proprietors and wheelchair accessible ‘W’ plate proprietors seeking the same dispensation thus eroding the current facilities for the disabled.

31. Having taken the above into consideration Officers believe that the proprietor should still provide facilities for the disabled to comply with the Council’s existing policy.

32. 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

33. To refuse to grant the application.

APPENDICES ATTACHED

34. Applicants request.

Letter from Isle of Wight Taxi Proprietors Association

BACKGROUND PAPERS

35. Mr Sussex’s Hackney Carriage Vehicle licence no. D8 file.

Contact point : John Murphy, tel: 823152

ROB OWEN

Head of Consumer Protection