PAPER B3
Purpose: For Decision
Committee: LICENSING
PANEL
Date: 5
DECEMBER 2002
Title: APPLICATION
BY MR AND MRS ROUNSEVELL FOR A PRIVATE HIRE LICENCE IN RESPECT OF A PEUGEOT
EXPERT ADAPTED FOR DISABLED USE
REPORT OF
THE STRATEGIC DIRECTOR OF FINANCE AND INFORMATION AND COUNTY TREASURER
SUMMARY/PURPOSE
To
consider an appeal against the Senior Licensing Officer’s refusal to grant a
Private Hire Vehicle licence for Peugeot Expert for not complying with the
Council’s definition of a Suitably Adapted Vehicle for disabled use.
BACKGROUND
1. An application by Mr & Mrs
Rounsevell, 10 Mayfield Road, East Cowes, Isle of Wight, (Appendix 1), was
refused on the grounds that the vehicle does not comply with the Council’s
definition of a Suitably Adapted Vehicle for disabled use.
2. The definition was agreed by the
Portfolio Holder for Transport after consultation with the trade, minute number
8b of the Hackney Carriage Working Party dated 22 February 2002 refers.
(Appendix 2).
3. Members of the Panel are aware that
apart from purpose built taxis, any other vehicle seating up to eight
passengers can be licensed for Hackney Carriage or Private Hire work providing
they comply with the Council’s requirements.
LEGAL
IMPLICATIONS
1. 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.
2.
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.
(a) To refuse to grant a Private Hire
Vehicle licence as the vehicle fails to comply with the definition of a
Suitably Adapted Vehicle for Disabled use as above, in that it does not meet
the M1 crash test standard.
(b) To grant a Private Hire Vehicle licence
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
determined by the Licensing Panel.
|
RECOMMENDATIONS Members’
instructions are requested |
BACKGROUND
PAPERS
As
attached.
ADDITIONAL
INFORMATION
1.
Mr & Mrs Rounsevell have been requested to attend
the meeting with the vehicle, to answer any questions members may have. They have been advised of the Council’s
Licensing Panel procedure.
2.
Mr Rounsevell’s letter giving information on the
conversion and crash testing refers to M2 specification, (See appendix 3 for
details).
Contact
Point: John Murphy, 823152
J Pulsford
Strategic
Director
Finance and Information and
County Treasurer
.
APPENDIX 1
APPENDIX 2
APPENDIX 3
