PAPER B1

Purpose: For Decision

Committee: LICENSING PANEL

Date: 25 APRIL 2003

Title: APPEAL AGAINST PRIVATE HIRE VEHICLE LICENCE CONDITIONS WHICH PREVENT THE LICENSING OF A LANDROVER DEFENDER 110 FOR UP TO 8 PASSENGERS

REPORT OF THE STRATEGIC DIRECTOR OF ENVIRONMENT SERVICES

PURPOSE/REASON

1. To consider an appeal against the Licensing Officer’s refusal to grant a Private Hire Vehicle licence as the vehicle does not comply with the Council’s licence conditions.

DETAILS OF THE APPLICATION

2. A request from Ann Faber, Ice Cream Cottage, 11 The Esplanade, Shanklin, Isle of Wight, to licence a Landrover Defender 110 for up to 8 passengers was refused by the Council’s Licensing Officer as the vehicle does not comply with the Council’s Private Hire Vehicle licence conditions.

LOCATION & SITE CHARACTERISTICS

3. Colour details of the Landrover Defender 110 and the applicant’s proposed business use of the vehicle have been forwarded to the Licensing Panel prior to the meeting. A copy is also available in the Members’ room.

RELEVANT HISTORY

4. The Licensing Panel have waived the licence conditions previously with regard to condition no. 14, paragraphs (a) (b) (d) and (e). Side facing seats have been licensed previously in the American Limousines but, unlike this vehicle they do not tip up. In London-type taxis, tip up seats face to the rear of the vehicle.

COUNCIL POLICY

5. The policy is by way of licence conditions attached to the licence and the relevant condition is set out below:

14. With regard to the licensing of 6,7 and 8 seater vehicles the following applies:-

(a) Passenger entry and exit doors should be on the nearside of the vehicle only.

(b) No passenger entry or exit doors will be permitted at the rear or on the offside of the vehicle except emergency exits and wheelchair access.

(d) Tip-up seats are not to be permitted in any vehicle except purpose built limousines.

(e) All passenger seating shall face the front of the vehicle.

(f) Emergency exits must be clearly marked as such.

FORMAL CONSULTATION

6. Police have not commented on the application.

7. The Traffic Education Officer has no adverse comments to make.

THIRD PARTY REPRESENTATIONS

8. Not applicable to this matter.

FINANCIAL IMPLICATIONS

9. 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

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

IMPLICATIONS UNDER THE CRIME AND DISORDER ACT 1998

11. The Panel’s 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 meeting on any matters raised by the applicant or objectors.

IMPLICATIONS UNDER THE HUMAN RIGHTS ACT

12. 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.

OPTIONS

13. To refuse to grant a Private Hire Vehicle licence as the vehicle fails to comply with the Council’s standard Private Hire Vehicle conditions as stated.

14. To grant a Private Hire Vehicle licence by varying the licence conditions for this vehicle only, subject to the vehicle passing the Council’s Certificate of Compliance Test and carrying not more than the number of passengers to be determined by the Licensing Panel.

EVALUATION/RISK MANAGEMENT

15. This matter has been discussed with the Compliance & Risk Management Section and it is believed it is the applicant’s responsibility to carry out her own risk assessment.