Purpose: For Decision
Committee: LICENSING
PANEL
Date: 3 FEBRUARY 2004
Title: APPEAL
AGAINST THE HACKNEY CARRIAGE VEHICLE LICENCE CONDITIONS WHICH PREVENT THE
LICENSING OF A CITROEN C8 UP TO A MAXIMUM OF 6 PASSENGERS
REPORT OF THE HEAD OF CONSUMER
PROTECTION
1. To
consider an appeal against the Licensing Officer’s refusal to grant a Hackney
Carriage Vehicle licence due to the fact that the vehicle does not comply with
the Council’s licence conditions.
2. An
application has been received from Mr J Groundsell, Balboa, Norton Green,
Freshwater, Isle of Wight to licence a Citroen C8 for up to a maximum of 6
passengers. (Appendix 1)
3. The application was refused by the Council’s Licensing Officer because the vehicle does not comply with the Council’s Hackney Carriage Vehicle licence condition No.15 (d) as it has a tip-up seat and Mr J Groundsell has notified the Council’s Licensing Officer of his wish to appeal. (Appendix 2)
4. The vehicle will be available for Panel Members to view.
5. The
policy for 6, 7 and 8 seater vehicles is by way of conditions attached to the
licence and the relevant condition is set out below:
“15. 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 London type taxi cab vehicles and purpose built limousines.
(e) All passenger seating shall face the
front of the vehicle, except in London type taxi cab vehicles.
(f)
Emergency exits must be
clearly marked as such.
6. The Police have no comments to make on
the application.
7. The
Principal Road Safety Officer has no comments to make on the application.
8. The
Crime & Disorder Unit has not commented on the application.
9. Not applicable to this application.
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.
11. Legislation governing the licensing of Private Hire Vehicles is set out below:-
Local Government (Miscellaneous Provisions) Act 1976 Part II
Transport Act 1985
12. Each application should be considered individually so as to comply with the rules of Natural Justice.
13. 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
14. Without prejudice to any other obligation imposed on it, it shall be the duty of each authority 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.
IMPLICATIONS UNDER THE HUMAN RIGHTS
ACT
15. 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) Article 6 - Right to a fair trial
In
the determination of his civil rights and obligations or of any criminal charge
against him, everyone is entitled to a fair and public hearing within a
reasonable time by an independent and impartial tribunal established by law.
It
has been held that the fact that there is a right of appeal to the magistrates’
court from any decision the Panel is sufficient to make that the Council’s licensing system is compliant
with the convention rights.
b)
Article 8 - Right to respect for private and family life.
Everyone
has the right to respect for his private and family life, his home and his
correspondence. In the case of article
8 there shall be no interference by a public authority with the exercise of
this right except as such in accordance with the law and is necessary on 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.
c)
Article 1 of the first protocol – protection of property.
Every
natural or legal person is entitled to the peaceful enjoyment of his
possessions. In the case of Article 1 of the first protocol “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”.
Article
1 is particularly relevant to this report as a licence is deemed to be a
possession.
d) The Panel needs to be clear as 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.
16. To
grant the Hackney Carriage Vehicle licence as requested by the applicant.
17. To
grant a Hackney Carriage Vehicle licence for a lesser number of passengers.
18. To
refuse to grant the application as requested by the applicant.
19. Officers
have considered the implications under the Human Rights Act 1998, Local
Government (Miscellaneous Provisions) Act 1976 Part II and Section 16 of the
Transport Act 1985.
20. This matter has been discussed with the Council’s Compliance & Risk Management Section and it is believed it is the applicant’s responsibility to carry out their own risk assessment in relation to their own or their employees’ safety.
21. 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.
RECOMMENDATIONS 22. Members
are requested to determine the application and decide on the seating capacity
of the vehicle. |
23. Appendix 1 Application form.
Appendix 2 Letter of Appeal.
24. None.
Checklist for this report in relation to the Human Rights Act, Wednesbury principles, and proportionality.
Contact point: John Murphy, F 823152
ROB
OWEN
Head
of Consumer Protection
