PAPER B2

Purpose: For Decision

Committee: LICENSING PANEL

Date: 25 APRIL 2003

Title: APPEAL AGAINST PRIVATE HIRE VEHICLE LICENCE CONDITIONS WHICH PREVENT THE LICENSING OF AN EX FIRE APPLIANCE

REPORT OF THE STRATEGIC DIRECTOR OF ENVIRONMENT SERVICES

PURPOSE/REASON

1. To consider an application to grant a Private Hire Vehicle licence for an ex fire appliance.

DETAILS OF THE APPLICATION

2. A request has been received from Mr S Sharpe, 44 Victoria Road, Newport, Isle of Wight to licence a decommissioned Isle of Wight Fire & Rescue appliance as a Private Hire Vehicle. This application was refused by the Council’s Licensing Officer on the grounds that it was not in the interest of public safety to licence such a vehicle using delegated authority.

LOCATION & SITE CHARACTERISTICS

3. A similar vehicle will hopefully be available for the Panel to view.

RELEVANT HISTORY

4. This would be the first decommissioned fire appliance to be licensed on the Island. Regard must always be given to the safety of the public, including the fare-paying passenger.

5. All other licensed Private Hire vehicle tyres can be changed by the driver at the roadside. A driver may have difficulty in changing a flat tyre by himself on a vehicle of this size.

6. Older customers may have difficulty with access and egress.

7. The Council’s Licensing Officer is not satisfied that the delegated authority given to him by the Licensing Panel to waive the private hire vehicle licence condition no. 14 with regard to the licensing of 6, 7 and 8 seated vehicles was relevant in this case. At the time of granting delegation it is believed that the Licensing Panel were considering normal private light goods vehicles and not vehicles built as HGVs.

COUNCIL POLICY

8. 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.

(c) There must be easy access from the entry and exit doors to all seats.

(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

9. The Isle of Wight Fire & Rescue Service have indicated that a L.G.V driver’s licence would be required, as has the Traffic Education Officer.

10. The Police have not commented on the application.

11. Other Local Authorities in England & Wales were contacted regarding the licensing of such a vehicle and 12 replies were received. Of these, 1 has licensed one as a Private Vehicle Hire and 2 other areas have them licensed as P.S.V. (over 8 seats). 5 said they could not see any reason not to licence one, and 4 said they would not consider it for various reasons.

THIRD PARTY REPRESENTATIONS

12. Not applicable to this matter.

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

IMPLICATIONS UNDER THE CRIME AND DISORDER ACT 1998

15. 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

16. 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.

LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 PART II.

17. The Council has a duty not to grant a Private Hire Vehicle unless it is satisfied that the vehicle is suitable in type, size and design for use as a Private Hire Vehicle, and is in a suitable mechanical condition, safe and comfortable.

18. Attaching a licence condition stating that only specific hirings can be undertaken could be ultra vires.

OPTIONS

19. 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.

20. 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

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

RECOMMENDATIONS

22. Members are requested to determine the application.

APPENDICES ATTACHED

23. Application form.

BACKGROUND PAPERS

24. Steve Sharpe’s application file.

Contact point : John Murphy, F 823152

Strategic Director of Environment Services