Agenda and minutes

Licensing Sub-Committee
Wednesday, 5th December, 2018 10.00 am

Venue: Cabinet Room, Town Hall, Scarborough

Contact: James Edward Mowbray 

Items
No. Item

1.

Election of Chairman

To elect a Chairman for this meeting.

Minutes:

RESOLVED that Councillor Neil Price be elected Chairman of this meeting.

2.

Declarations of Interest pdf icon PDF 43 KB

Members are reminded of the need to consider whether they have a personal or prejudicial interest to declare in any of the items on this agenda.  If so, the nature of the interest must be declared at the start or as soon as the interest becomes apparent, of the meeting.  In addition, the attached form must be completed and passed to the Committee Administrator.  The Officers will be pleased to advise, if necessary, and any request for assistance should be made, in the first instance, to the Committee Administrator whose name appears at the end of this agenda.  Ideally, such advice should be sought before the day of the meeting so that time is available to consider any uncertainty that might arise.

Minutes:

There were no declarations of interest.

3.

Exclusion of the Public

To consider the following motion:-

"whether under Section 100A(4) of the Local Government Act 1972, the public should be excluded from the meeting for the following item(s) of business on the ground(s) that it/they involve(s) the likely disclosure of exempt information (as defined in Part 1 of Schedule 12A of the Act).  Any such decision is subject to a public interest test as provided by paragraph 10 of Schedule 12A of the Act.”

 

Minutes:

RESOLVED that the public be allowed to remain in the meeting.

Members reasons; The legal advisor explained the public nature of the hearing and confirmed that the minutes and decision would be published on the council’s website. Parties were asked if there was any application for the exclusion of the public. No such application was made

 

4.

APPLICATION FOR GRANT OF A PRIVATE HIRE VEHICLE LICENCE - MERCEDES S350L (NJT 873) pdf icon PDF 76 KB

To consider a report by the Environment & Regulation Manager (report 18/273 attached).

 

This report seeks the determination by the Licensing Sub-Committee of a Private Hire Vehicle licensing application for a vehicle that does not comply with the standard criteria as stated in the Council’s Taxi and Private Hire Policy (“the Policy”).

Additional documents:

Minutes:

The Licensing Sub-Committee considered a report by the Environment and Regulation Manager (report 18/273).

(i)            Oral evidence and submissions from Mr Eric Taylor.

 

RESOLVED that the application is refused.

 

Members Reasons;

The sub-committee notes the following sections of the policy:

 

1.10 This policy sets out the requirements and standards that must be met and in exercising its discretion in carrying out its regulatory functions the LA shall have regard to this document. However, each application or enforcement measure will be considered on its own merits.

 

1.13 Notwithstanding the existence of the policy, each application or enforcement measure shall be considered on its own merits. Where it is necessary for the LA to depart substantially from the Policy, clear and compelling reasons shall be given.

 

In addition the objectives at para 1.6 are noted:

 

The LA shall adopt and carry out its hackney carriage and private hire licensing functions with a view to promoting the following licensing objectives:

 

Safety, health and comfort of the public and drivers

Prevention of crime and disorder, safeguarding of children and the vulnerable

Vehicle safety, comfort and access

Provision of high quality vehicles and services

Promoting tourism and the Borough of Scarborough

 

Appendix E1 of the policy in relation to age of the vehicle reads that ‘On a new application for a vehicle licence, the vehicle shall be less than 4 years old from the date of the first registration.’

 

The application to licence the vehicle is made 5 years after the vehicle was first registered (4/11/2013). This is therefore 1 year over the age limit by which a vehicle shall be registered by. This would be a substantial departure from the policy if the licence were to be granted and clear and compelling reasons would have to be found.

 

We do not find clear and compelling reasons in this case. It is not a clear and compelling reason that the vehicle is 12 months outside the time limit for first registration, nor is it appropriate to deviate from the policy because the vehicle is a Mercedes. No clear and compelling reasons have been put forward.