PAPER B6

Purpose: For Decision

Committee: LICENSING PANEL

Date: 25 JULY 2003

Title: APPLICATION FOR THE EXTENSION OF A HACKNEY CARRIAGE LICENCE FROM A SUMMER LICENCE TO AN ANNUAL LICENCE FOR THE FORMER BOROUGH OF RYDE

REPORT OF THE HEAD OF CONSUMER PROTECTION

PURPOSE/REASON

1. To consider an application to extend an existing Summer Hackney Carriage Vehicle licence for the Former Borough of Ryde to an annual Hackney Carriage Vehicle licence.

DETAILS OF THE APPLICATION

2. An application has been received from Mr G C Barron 15 Brookfield Gardens, Ryde, Isle of Wight to extend his existing Summer licence, currently a Ford Mondeo, to an annual Hackney Carriage Vehicle licence. 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 applicant’s vehicle will be available for the Panel to view.

RELEVANT HISTORY

4. Over the years the number of licences granted from the 1 May to 30 September have declined either by the licensee giving the licence back to the Council or being extended to an annual licence. There are only two Summer licences left, one for the Cowes zone and one for the Ryde zone. Mr Barron

has only recently become the holder of this licence.

5. In September 2001 the holder of the Summer licence in the Cowes zone requested that it be made annual and this was refused on the grounds that there was no significant unmet demand for the services of Hackney Carriages in the Cowes zone during the winter months (1 October to 30 April).

COUNCIL POLICY

6. 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 fitted, 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.

FORMAL CONSULTATION

7. Police have no comments to make on the application.

8. The Traffic Education Officer has no comments to make on the application.

THIRD PARTY REPRESENTATIONS

9. The Isle of Wight Taxi Proprietors Association have been informed of this application and asked for comments in writing no later than 15 July 2003. Set out at Appendix 1 is their comments.

FINANCIAL IMPLICATIONS

10. 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

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

IMPLICATIONS UNDER THE CRIME AND DISORDER ACT 1998

12. 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

13. 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

14. To grant the Hackney Carriage Vehicle licence as requested by the applicant.

15. To refuse to grant the application as requested by the applicant

EVALUATION/RISK MANAGEMENT

16. 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

17. Members are requested to determine the application.

APPENDICES ATTACHED

18. Application form.

19. Isle of Wight Taxi Proprietors Association’s comments.

BACKGROUND PAPERS

20. Mr G C Barron’s Hackney Carriage Vehicle licence no. 98 file.

Contact point : John Murphy, Senior Licensing Officer ( 823152

ROB OWEN

Head of Consumer Protection