Licensing Panel Minutes - 19 September 2003

13. MINUTES

RESOLVED :

THAT the Minutes of the meeting held on 25 July 2003 be confirmed.

14. DECLARATIONS OF INTEREST

There were no declarations of interests made at this stage

15. REPORTS OF THE HEAD OF CONSUMER PROTECTION

(a) Application to Vary an Existing Hackney Carriage Licence from 1 May to 30 September, Annually to a Yearly Licence for the Former Urban District of Cowes

The Head of Consumer Protection reported on the application received from Mr B Martin, of 21 Church Road, Gurnard requesting the extension of an existing Summer licence, currently for a Vauxhall Vectra and in the name of Mr B and Mrs R Martin, to an annual Hackney Carriage Vehicle licence. This was the last remaining summer licence on the Island.

Having been informed of the application, the Isle of Wight Taxi Proprietors Association had confirmed they had no objections to the application.

The applicant, in September 2001, had been refused a previous request for the licence to be made annual, due to no significant unmet demand for the services of Hackney Carriages in the Cowes zone, during the winter months. However the last survey was undertaken in 1997.

The applicant was present and outlined his case. The applicant, following a question by the Head of Consumer Protection confirmed that he had no intention, if the application be granted, to sell the vehicle and the licence plate.

The Panel adjourned to private session. Upon reconvening in public it was indicated that the Panel were minded to grant the application, as there was no sustainable evidence of unmet demand.

RESOLVED :

THAT the application by Mr B Martin, of 21 Church Road, Gurnard for an extension of an existing Summer Hackney Carriage Vehicle licence, in the name of Mr B and Mrs R Martin, to a full Hackney Carriage Vehicle licence for the former urban district of Cowes, be approved.

(b) Appeal Against the Hackney Carriage Vehicle Licensing Policy for Suitably Adapted Vehicles and Private Hire Vehicle Licensing Legislation which Prevent the Licensing of a Fiat Scudo for up to 6 Passengers

The Panel received the report of the Head of Consumer Protection setting out details of two appeals. These related to the refusal of a Hackney Carriage “W” Licence for a Fiat Scudo, because the vehicle concerned did not comply with the Council’s definition of a suitably adapted vehicle and to the refusal to grant a Private Hire Vehicle licence as it was believed that the vehicle was of such a design and appearance as to lead any person to believe that the vehicle was a Hackney Carriage.

Members were informed that the Fiat Scudo, in question, had been previously licensed to ply for hire, in the South Wight area, from May 1998 until May 2003. When originally licensed the Council did not have a wheelchair accessible vehicle policy. This did not come into force until February 2002. The Fiat Scudo was purchased as an unlicensed vehicle and therefore had to now comply with current Council policies.

Members noted the requirement for all new Hackney Carriages to have to be wheelchair accessible vehicles, which have a British National Type-Approval certificate demonstrating that the vehicle complied with M1 standards. The modified Fiat Scudo did not meet that requirement. A certificate of Conformity of Production for the testing of the seats was attached to the report.

The Head of Consumer Protection referred to his reasons for refusal to license the vehicle, in question, as a Private Hire vehicle and provided oral examples of other authorities who had refused similar applications. Photographs of Hackney Carriage vehicles of similar design and appearance to the Fiat Scudo were circulated to Panel members.

The comments of the Isle of Wight Taxi Proprietors Association were noted.

The Panel adjourned to view the vehicle concerned.

Upon reconvening the applicant, who was present, outlined his case to the Panel. Mr Coombes clarified that the application was not to transfer the existing Hackney Carriage licence No “W”16 to the Fiat Scudo but was an application for an additional “W” plate. His intention was not to put the vehicle on a taxi rank but for it to be used to fulfil a number of existing contracts, when specifying the need for a wheelchair accessible vehicle.

The Panel adjourned to private session.

Mr Cunningham, during discussion of the issues, declared a personal interest as a Trustee of the Riverside Centre and withdrew from the meeting room.

Upon reconvening in public it was indicated that the Panel were minded to refuse both the appeals.

The Panel were of the view that the vehicle, a modified Fiat Scudo, was unsuitable for being licensed as a Hackney Carriage “W” licence vehicle as it did not comply with the Council’s policy on wheelchair accessible vehicles. Specifically, that the applicant was unable to show that the vehicle, in its current modified form, had been certified to be of an appropriate standard. The Panel saw no compelling reason to deviate from the Council’s policy.

Similarly, the Panel were of the view that the vehicle was also unsuitable to be licensed as a Private Hire vehicle. The Fiat Scudo closely resembled the Euro Taxi Hackney Carriage, which made up over 10% of the Hackney Carriage fleet on the Isle of Wight. It was considered, therefore, that the design and appearance could lead any member of the public to believe that it was a Hackney Carriage.

RESOLVED :

(i) THAT the appeal by Mr R Coombes, of 34 Mayfield Drive, Newport against the refusal to grant a Hackney Carriage Vehicle “W” licence for a Fiat Scudo, be refused;

(ii) THAT the appeal by Mr R Coombes, of 34 Mayfield Drive, Newport against the refusal to grant a Private Hire Vehicle licence for a Fiat Scudo, be refused.

(c) Application to Exchange a Swivel Seat ‘D’ Plate Licence for a Standard Hackney Carriage Vehicle Licence for the Former Borough of Newport

The Panel adjourned to view the vehicle concerned.

Upon reconvening the report of the Head of Consumer Protection was referred to which set out details of the request received from Mr D Sussex, of 15 Hogan Road, Newport. The application was for the removal of the Council’s licence condition on an existing ‘D’ Plate licence for a vehicle which had the benefit of a swivel seat for the disabled. This would result in the applicant being granted a standard Hackney Carriage Vehicle licence. The applicant had alleged that the swivel seat had not been used in the two years that it had been fitted. However approval of the application could mean that disabled people on the island could be disadvantaged.

The comments of the Isle of Wight Taxi Proprietors Association were noted.

The applicant was present and outlined his case, highlighting his wish to upgrade his current vehicle, a Ford Sierra, with a vehicle that did not provide any facilities for the disabled.

The Panel adjourned to private session. Upon reconvening in public it was indicated that the Panel, after noting from the evidence of the applicant that there had been no swivel use of the seat by the public, felt that provision for the disabled was not enhanced by its presence. The Panel also had noted that there was no Council policy with regard to the exchange of Hackney Carriage Vehicle Licences from a D Plate to a standard Hackney Carriage.

RESOLVED :

THAT the application received from Mr D Sussex, of 15 Hogan Road, Newport to replace his existing ‘D’ Plate licence, currently issued for a Ford Sierra, with a Hackney Carriage Vehicle licence, which did not have any conditions relating to facilities for the disabled, be granted.

CHAIRMAN