PAPER B1

Purpose: For Decision

Committee:     LICENSING PANEL

Date:               9 AUGUST 2002

Title:               APPEAL AGAINST HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLE LICENCE CONDITIONS WHICH PREVENT THE LICENSING OF A KIA SEDONA FOR UP TO 6 PASSENGERS

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 a Kia Sedona for not complying with the Council’s licence conditions.

BACKGROUND

1.        An application by Mr S Sharpe, 44 Victoria Road, Newport, Isle of Wight, see Appendix 1, for more than 4 passengers was refused as the vehicle does not comply with the Council’s Private Hire Vehicle or Hackney Carriage licence conditions set out in 3 below.

2.        Applicants have previously had requests for similar vehicles refused by the Senior Licensing Officer as they did not comply with the conditions agreed with the Trade.

3.        The licence condition which the vehicle fails to comply with is:-

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

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

OPTIONS

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

(b)       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.

RECOMMENDATIONS

Members instructions are requested

BACKGROUND PAPERS

as attached

ADDITIONAL INFORMATION

Mr Sharpe has been requested to attend the meeting and if possible to bring the vehicle, to answer any questions members may have. He has been advised of the Council’s Licensing Panel procedure.

Contact Point: John Murphy, 823152 (1DPP)

                                                                                  J PULSFORD

                                                                              Strategic Director

Finance and Information and County Treasurer